Kunal Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30283 of 2020 Arising Out of PS. Case No.-20 Year-2019 Thana- MAHILA THANA District- Begusarai ====================================================== KUNAL KUMAR Son of Ramanand Singh Resident of Village-Sherpur, Police Station - Maranchi, District-Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Laxmi Kumari daughter of Sadan Prasad Kunwar Resident of VillageChauki, Police Station-S. Kamal, District-Begusarai, Presently residing at Mohalla-Kapasiya, Ward No.-13, Police Station-Town, District-Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Sanjana For the Opposite Party/s :

Mr.C. Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 504, 498(A)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture

Patna High Court CR. MISC. No.30283 of 2020(2) dt.17-12-2020 2/2 upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Begusarai in connection with Mahila P.S. case No.20 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T