Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22258 of 2024 Arising Out of PS. Case No.-275 Year-2021 Thana- FATUA District- Patna ====================================================== Kundan Kumar, aged about 28 years, Male, S/o Manoj Prasad R/o villPitamberpur, P.S. - Fatuha, Distt. - Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anjana, Advocate For the Opposite Party :

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Fatuha P.S. Case No. 275 of 2021 dated 11.04.2021 registered for the offences punishable u/ss 341, 354D, 354A, 506 and 420 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused Akshaya Yadav used to forcibly stop, stalk and tease the informant while going to coaching. When the informant left the coaching, the coaccused threatened her with different mobile numbers. When the informant's marriage was fixed, the petitioner threatened the groom continuously, resulting in the cancellation of the informant's marriage. Further the co-accused started teasing the informant by putting her whatsapp status, and DP and he also used to harass her by calling her from different numbers.

Patna High Court CR. MISC. No.22258 of 2024(4) dt.12-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. The petitioner is made accused in this case only because he is the uncle of the co-accused Akshaya Yadav, who has already been granted Anticipatory Bail by this court vide order dated 16.04.2024 passed in Criminal Miscellaneous No. 23407 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Patna City in connection with Fatuha P.S. Case No. 275 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T