Kamal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88329 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Kamal Kishore Singh Son Of Late Kameshwar Singh R/o Village - Sasna, P.s. - Narari Khurd, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari @ Rani Singh D/o Late Ramesh Singh R/o vill - Dumri Dakshini, P.s. - Patori, Distt.- Samastipur (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Amritya Raj, Advocate For the State :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per prosecution case, allegation against this petitioner is of matrimonial cruelty due to non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.88329 of 2024(2) dt.31-01-2025 2/3 Petitioner has falsely been implicated in this case merely because he happens to be father-in-law of the complainant/Opposite Party No. 2. Petitioner is victim of over implication. There is no specific allegation of demand of dowry or torture. Petitioner is separate in mess & property and has got no concern with the affairs of the complainant/Opposite Party No. 2 and her husband. Thrust of accusation is against husband of the complainant/Opposite Party No. 2. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur in connection with Complaint Case No. 403 of 2022, subject to

Patna High Court CR. MISC. No.88329 of 2024(2) dt.31-01-2025 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T