Allowed

Kundan Kumar v. The State of Bihar

Patna HC3 Jul 2023CR. MISC./6666/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, husband in a dowry harassment case under Section 498A IPC, allowing release upon arrest or surrender within six weeks subject to bond and conditions under Section 438 CrPC.

What did the court decide?

Petitioner granted anticipatory bail to be released upon arrest or surrender within six weeks, subject to bail bond of Rs.25,000 with two sureties and conditions under Section 438(2) CrPC.

Kundan Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6666 of 2023

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Arising Out of PS. Case No.-1754 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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======================================================

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KUNDAN KUMAR S/O RAM LAL GIRI Resident of Village- Laguraon, P.S.- Mahua, District- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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PUJA KUMARI W/O KUNDAN KUMAR,D/O HAREKRISHNA PURI Residing presently at village- Raipur Bujurg, P.S.- Sarairanjan, DistrictSamastipur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Abhay Shankar Singh, Advocate For the State : Mrs. Rita Verma, APP For O.P. No.2 : Mr. Brajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 03-07-2023

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Heard learned counsel for the petitioner, learned counsel

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for the opposite party no.2 and learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

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Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of

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Patna High Court CR. MISC. No.6666 of 2023(3) dt.03-07-2023 2/2

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dowry. He is still ready to keep her with full honour and dignity. 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 .

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In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, 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 Complaint Case No.1754/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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S.KUMAR/-

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U T

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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