Munna Karmkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25949 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- SUKHANI District- Kishanganj ====================================================== Munna Karmkar, Son of Eknam Karmkar, Resident of Village- Sukhani, P.S.- Sukhani, District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Putul Karmkar, Daughter of Aasin Karmkiar, Resident of Dhantola, P.S.- Islampur, District- Utter Dinajpur (West Bengal). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 This is an application for grant of anticipatory bail in connection with Sukhani P.S. Case No. 07 of 2019 disclosing offences under Sections 498A, 504, 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Allegation as per prosecution story against the petitioner, who happens to be the husband of the informant is that after one year of the marriage, the informant was subjected to torture with respect to demand of four wheeler and cash of Rs.4,00,000/-. Submission of the learned counsel for the petitioner is that as a matter of fact, petitioner never married with the informant and he has falsely been implicated in this case, which will appear from the materials collected during the investigation. Learned counsel for the opposite party no.2 also, who has opposed the prayer for anticipatory bail and filed a counter affidavit showing an affidavit before the Notary Public of West Bengal that the

Patna High Court CR. MISC. No.25949 of 2019(4) dt.18-07-2019 2/2 marriage of the petitioner has been solemnized with the informant. Heard learned APP also, who has submitted that materials collected during the investigation disclosed that several witnesses having no knowledge about the marriage of the petitioner with the informant.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Shri A. K. Das, Judicial Magistrate 1st Class, Kishanganj, in connection with Sukhani P.S. Case No. 07 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T