Awnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19987 of 2025 Arising Out of PS. Case No.-422 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Awnish Kumar Son of Sudhakar Roy Resident of village - Jinedpur, Sikandarpur, Rajaura, Ward No.- 6, P.S.- Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gunjan Kumari Daughter of Yogendra Singh Resident of village and P.O.- Walipur, P.S.- Pipariya, District - Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the State :

Mr. Anil Kumar, APP For the Informant :

Ms. Savita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-07-2025 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner, Ms. Savita Kumari, learned counsel for the informant as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Begusarai Muffasil P.S. Case No. 422 of 2024, F.I.R. dated 17.12.2024 for the offences punishable under Sections 126(2), 115(2), 85, 3(5) of the BNSS, 2023 and 3/4 of the D.P. Act.

3. According to prosecution case, the petitioner along with other co-accused persons is said to have demanded Rs. 30 lakh as dowry. It is further alleged that they started

2/4 assaulting the informant for demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the petitioner has not performed marriage with the informant. In fact, the petitioner has filed a case against the informant and her family members in Barari P.S. Case No. 355 of 2024 and thereafter, the informant has filed the present case on 17.12.2024. When she came to know about the Barari P.S. Case No. 355 of 2024, she has filed the present FIR against the petitioner. It is further submitted that apart from that, the petitioner has already filed a Matrimonial Case No. 05 of 2025 under Section 12(1)(C) of the Hindu Marriage Act, 1955 before the court of Principal Judge, Family Court, Begusarai and the reason for annulment of the marriage is mentioned in the petition filed in Matrimonial Case No. 5 of 2025.

5. The learned Additional Public Prosecutor for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner.

3/4

6. Considering the aforesaid facts and circumstances and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Begusarai Muffasil P.S. Case No. 422 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i.

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) priyanka/- U T