Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67055 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- BARH District- Patna ====================================================== Kundan Kumar, aged about 26 years, Male, Son of Dayanand Prasad, Resident of Village Jamuni Chak, P.S - Barh, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jayanti Devi Wife of Munna Prasad Resident of Village- Dhelwa. P.S - Barh, Dist- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Sen Prasad, Advocate For the Informant :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

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

2. The petitioner seeks pre-arrest bail in connection with Barh P.S. Case No. 56 of 2024, registered for the offence punishable under Sections 341, 448, 323, 354, 498(A), 504, 325/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. As per the allegation made in the FIR , due to non-fulfillment of demand of dowry, the petitioner and his family members committed cruelty and tortured the daughter of

Patna High Court CR. MISC. No.67055 of 2024(4) dt.29-01-2025 2/3 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. 7 of the bail application. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned counsel for the informant and learned APP for the State vehemently opposed the prayer for grant of prearrest bail.

6. Considering the nature of allegation made in the complaint, as well as, the statement made in paragraph no. 7 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 satisfaction of learned J.M. 1st Class, Barh, Patna, in connection with Barh P.S. Case

Patna High Court CR. MISC. No.67055 of 2024(4) dt.29-01-2025 3/3 No. 56 of 2024, 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