Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79570 of 2025 Arising Out of PS. Case No.-49 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Kanhaiya Kumar S/O Lalan Kumar Nirala Resident of Village Afsar, P.S.- Warisaliganj, District-Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Vandana Kumari W/o Kanhaiya Kumar D/o Bablu Singh, R/o VillageGarsanda, P.S.-Ramgadh Chowk, District-Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Lakhisarai Mahila P.S. Case No. 49 of 2023 registered for the offences punishable u/ss 341, 323, 498A, 504 read with section 34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry. It is further alleged that when the informant conceived but her pregnancy was terminated by the accused persons.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.79570 of 2025(2) dt.17-11-2025 2/3 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is the husband of the informant and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant. Learned counsel has further submitted that no any document has been filed on behalf of the informant regarding the termination of pregnancy. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate.

Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.79570 of 2025(2) dt.17-11-2025 3/3 the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Lakhisarai in connection with Lakhisarai Mahila P.S. Case No. 49 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition : (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T