Kunal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22107 of 2019 Arising Out of PS. Case No.-500 Year-2018 Thana- ROSERA District- Samastipur ====================================================== KUNAL KUMAR SINGH S/o Sunil Kumar Singh R/o village- Muradpur, P.S.- Rosera, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jagdish Prasad Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rosera P.S. Case No. 500 of 2018 for the offence punishable under Sections 498A, 420, 406, 323, 341 and 353/34 of the Indian Penal Code.

As per the case of the prosecution, the informant got married with the petitioner after getting her earlier marriage annulled.

Learned counsel appearing on behalf of the petitioner has submitted that it is evident from the First Information Report that the informant was married to some other person and there is nothing indicated in the First Information Report that the marriage of the informant with her husband was ever annulled. While denying the allegation made in the First Information Report, learned counsel appearing on

Patna High Court CR. MISC. No.22107 of 2019(2) dt.09-04-2019 2/2 behalf of the petitioner has submitted that no offence under Section 498A of the Indian Penal Code can be said to be made out.

I am, prima facie, convinced with the submissions advanced on behalf of the petitioner.

This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 1st A.C.J.M., Rosera, DistrictSamastipur, in Rosera P.S. Case No. 500 of 2018, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T