Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63315 of 2019 Arising Out of PS. Case No.-2373 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== KUNAL KUMAR Son of Kishori Lal Prasad Resident of Village- Sugauli, Ward No. 16, P.S.- Sugauli, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ruchi Devi Wife of Kunal Kumar, Daughter of Vaidyanath Prasad Resident of Village- Sugauli, Ward No. 16, P.S.- Sugauli, District- East Champaran at Motihari. At present residing at Mohalla- Kolhujarwa Motihari, Ward No. 2, P.S.- Motihari Town, District- East Champaran at Motihari. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Arbind Kumar Pandey(APP84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and counsel appearing on behalf of the complainant.

The petitioner is apprehending arrest in connection with Complaint Case No. 2373 of 2018 for the offence under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. The marriage took place in 2016. Allegation against this petitioner is that he has tortured the complainant for non fulfillment of demand of dowry. He further submits that the petitioner is ready to keep his

Patna High Court CR. MISC. No.63315 of 2019(5) dt.04-03-2020 2/2 wife with full care and honour.

Learned counsel appearing on behalf of the complainant on instruction submits that the wife is ready to stay with her husband.

Considering the aforesaid stand of the parties and in order to promote restoration of normal conjugal life, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within one month from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, East Champaran, Motihari in connection with Complaint Case No. 2373 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event it is reported that the husband neglects, misbehaves or tortures the wife in future, the Court below shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T