Kundan Singh @ Karan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23630 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -ITADHI District- BUXAR ======================================================

1. Kundan Singh @ Karan Singh Son of Mangal Singh Resident of Village - Nonar, P.S. - Piro, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Radha Devi @ Nikki Kumari daughter of Dharmendra Chaudhary and wife of Kundan Singh @ Karan Singh Resident of Village + Post - Kukudha, P.S. - Itarhi, District - Buxar.

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Itarhi Police Station Case No. 18 of 2017, disclosing offences under Sections 323/354/312/313/420/ 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. Learned Counsel for the petitioner submits that he has already filed a divorce case, being Divorce Case No.

Patna High Court Cr.Misc. No.23630 of 2017 (2) dt.14-07-2017 2/2 259 of 2016 on 18.11.2016, nearly three months prior to the filing of the present First Information Report. Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Kundan Singh @ Karan Singh, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate II, Buxar, in connection with Itarhi Police Station Case No. 18 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √