Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2686 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- MAHILA P.S. District- Rohtas ====================================================== Karan Kumar S/O Krishna Ram R/O Village- Chandanpur, P.S. Tilauthu, District-Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Phool Kumari D/o Jagdish Ram Village Tilma Chaugari, P.S.- Karakat (Godari), District- Rohtas.

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. As per FIR, petitioner always used to visit the house of the informant and on the pretext of marriage, he established physical relation with her and further demanded Rs. 2 lakh for performing marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the victim is a major. He submits that this case has been lodged only with a view to make pressure to the

Patna High Court CR. MISC. No.2686 of 2023(2) dt.09-02-2023 2/2 petitioner. He submits that the similarly situated co-accused has already been granted bail by the learned court below itself. Learned counsel for the petitioner has also relied upon the judgment in the case of Deepak Gulati Vs. State of Haryana reported in (2013)7 SCC 675. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No. 20 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T