Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16729 of 2022 Arising Out of PS. Case No.-754 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== KUNDAN KUMAR Son of Sri Sajjan Rai Resident of Fulwariya- 3, Ward No.1, P.S.- Fulwaria, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Varsa Kumari D/o Jawahar Mahton Resident of Garhara, Ward No.11, P.S.- Barauni, District- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Complaint Case No. 754C of 2021 registered under Sections 149, 323, 498(A), 307, 406 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.16729 of 2022(2) dt.08-04-2022 2/3 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. There is no medical report in support of the offence under Section 307 of the Indian Penal Code. Except 307 of the Indian Penal Code, rest of the offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Neha Kumari Bhalotia, learned Judicial Magistrate-Ist Class, Begusarai in connection with Complaint Case No. 754C of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the trial. If

Patna High Court CR. MISC. No.16729 of 2022(2) dt.08-04-2022 3/3 the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioner. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T