Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83201 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== Kunal Kumar Son Of Sachidanand Sharma R/O Village- Mithapur, Post- Lai, P.S.- Bihta, Mithapur, District- Patna, Bihar- 801112 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Muskan Singh For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 498A, 506, 376, 379 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. As per FIR, the allegation against the petitioner is that he along with other accused persons had been harassing and torturing and demanding of Rs. 5,00,000/- and one four wheeler vehicle. It is further alleged that petitioner has made physical relation with the informant without her consent and when she made pressure to marry with him, then the petitioner and other co-accused persons ousted her from the matrimonial house after assaulting her.
Patna High Court CR. MISC. No.83201 of 2023(2) dt.02-01-2024 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to family disputes. He is the dewar of the informant and he has no concern with the alleged occurrence. He had never demanded anything from the informant. General and omnibus allegation has been levelled against the petitioner. It is further submitted in para 10 of the petition that husband of the informant namely, Chandan Kumar has been granted anticipatory bail vide order dated 28.03.2023 passed in Cr. Misc. No. 73742 of 2022 and father-in-law and mother-in-law of the informant have also been granted anticipatory bail vide order dated 14.11.2022 passed in Cr. Misc. No. 58571 of 2022. The petitioner has voluntarily surrendered on 12.09.2023 and since then he is languishing in judicial custody.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.83201 of 2023(2) dt.02-01-2024 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 14 of 2022.
(Sunil Kumar Panwar, J) lata/- U T