Kundan Kumar Yadav @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67557 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MAHILA P.S. District- Madhubani ====================================================== KUNDAN KUMAR YADAV @ KUNDAN KUMAR S/o Baleshwar Yadav R/v- Paita, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PINKI DEVI W/o Kundan Kumar Yadav @ Kundan Kumar D/o Jay Prakash Yadav R/v- Paita, P.S.- Phulparas, District- Madhubani , at present Pinki Devi D/o Jay Prakash Yadav , R/v- Parsahi, P.S.- Khutauna, DistrictMadhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the State :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Madhubani Mahila P.S. Case No. 07 of 2022, dated 04.02.2022, instituted for the offences under Sections 323, 341, 498A, 494/34 of the I.P.C and 3/4 of the Dowry Prohibition Act.

3. Learned APP opposes the prayer of anticipatory bail of the petitioner.

4. Taking into consideration the allegation of demanding dowry after a period of six years of marriage and birth of children, I am inclined to grant anticipatory bail to the

Patna High Court CR. MISC. No.67557 of 2022(2) dt.26-04-2023 2/3 petitioner, namely Kundan Kumar Yadav @ Kundan Kumar and in the event of arrest, he shall be released on bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation, whenever required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect

Patna High Court CR. MISC. No.67557 of 2022(2) dt.26-04-2023 3/3 before the investigating officer;

(vii) The petitioner shall regularly remain present during the trial and cooperate with the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) K.C.Jha/- Item No. 63 U