Ketan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22902 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Ketan Kumar son of Manoj Kumar, Resident of Village- Murliganj PsMurliganj Dist- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari, wife of Ketan Kumar, Daughter of Ganga Prasad Sah, Resident of Village- Murliganj PS- Murliganj Dist- Madhepura. At present residing at village- Maheshkhunt PS- Maheshkhunt Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 504, 506, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner on 21.04.2016 and after marriage the petitioner along with co-accused used to torture the informant mentally and physically due to nonfulfillment of dowry demand and also assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner

Patna High Court CR. MISC. No.22902 of 2023(3) dt.22-08-2023 2/2 is husband of the informant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant or her parents and still ready to keep his wife/informant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 26.11.2022.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner has solemnized second marriage with another lady.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maheshkhunt P.S. Case No. 219 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) lata/- U T