Kunal Kumar @ Kunal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4795 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== Kunal Kumar @ Kunal Sharma son of Satyendra Sharma Village- Uber, PsGhosi Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar
2. Priyanka Kumari aged about 23 years, Female, W/o Kunal Sharma, R/o Village Uber, P.S.- Ghosi, District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Jehanabad Mahila P.S. Case No. 39 of 2022 instituted under Sections 498A, 354, 376, 504, 506/34 of the Indian Penal Code lodged on 07.11.2022 by the informant, XXXX.
3. Pursuant to the order dated 03.05.2024, the couple is present in the Court and they want to live together.
4. For the present the lady is residing at her parent's home in Maharashtra and has assured that she will be returning in her husband's home after some time.
5. On the instruction of the petitioner, learned counsel
Patna High Court CR. MISC. No.4795 of 2024(4) dt.10-05-2024 2/3 appearing on his behalf submits that he will be catering to her needs by paying Rs. 5,000/- to be transferred in her account (PNB Account No. 1569001700000926) by 10th of every month failing which the informant/state will be free to take steps for the cancellation of the bail.
6. Taking into account the positive outcome, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 39 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.4795 of 2024(4) dt.10-05-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T