Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70375 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- TEKARI District- Gaya ====================================================== KUNAL KUMAR Son of Kamlesh Yadav Resident of Village - Kurkut Bigha, P.S.- Tekari, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 341, 323, 354A, 379, 386, 506/34 of Indian Penal Code.

It is submitted by learned counsel for the petitioner that no such occurrence, as alleged, ever took place. Petitioner has been falsely implicated in this case. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, marriage of petitioner was fixed with the daughter of informant and after break up, petitioner had returned all the articles accorded to him in the marriage but the informant has not returned the articles accorded to him from the side of petitioner and filed this case to grab the same. Petitioner has no criminal antecedent. It is also submitted that the other

Patna High Court CR. MISC. No.70375 of 2019(2) dt.04-12-2019 2/2 co-accused Chunnu Yadav has already been granted bail in Cr Misc No 30364 of 2019.

Learned counsel for the informant and learned APP for the State have opposed the prayer.

Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Gaya in Tekari Police Station Case No 40 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U