Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65180 of 2024 Arising Out of PS. Case No.-1103 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Sunil Kumar (M) aged about 29 years, Son of - Indradev Ram, Resident of Village- Pipra Tola, Beldar, @ Pirthichak, P.S.- Hariharganj, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mina Kumari Daughter Of Narayan Ram, Wife Of Sunil Kumar R/O Vill.- Oshdhira, Post- Jogiya, P.S.- Barun, Dist.- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the O.P. No. 2 :

Mr. Abhishek Kumar Singh, Advocate For the State :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-01-2025 Heard Mr. Rahul Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Abhishek Kumar Singh, learned counsel appearing on behalf of the informant and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1103 of 2023, registered for the offence punishable under Sections 379, 498(A), 341 and 323 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. As per the allegation made in the complaint, due to non-fulfillment of demand of dowry, the petitioner and his

Patna High Court CR. MISC. No.65180 of 2024(3) dt.29-01-2025 2/3 family members committed cruelty and tortured the daughter of the informant and thereafter they forcibly ousted her from her matrimonial house.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that petitioner is ready to live along with the opposite party no. 2 and will keep the opposite party no.2 with full dignity and honour and in this regard, he has made a specific statement in paragraph no. 11 of the bail application. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned counsel for the complainant and learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the complaint, as well as, the statement made in paragraphs no. 9, 10 and 11 of the bail application by the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.65180 of 2024(3) dt.29-01-2025 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Aurangabad, in connection with Complaint Case No. 1103 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T