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Keshav Kumar v. The State of Bihar

Patna HC8 Dec 2023CR. MISC./79800/2023

Case brief

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What is this about?

In a criminal miscellaneous matter arising from a dowry demand case under sections 498A and 323 of the IPC, the Patna High Court released the petitioner on bail. The court noted a pending compromised petition and that the petitioner was in custody with clean antecedents.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000/- with two sureties, conditioned on the verification of the compromise petition by the court below.

Keshav 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.79800 of 2023

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Arising Out of PS. Case No.-1388 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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====================================================== Keshav Kumar

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... ... Petitioner/s

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Versus

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The State of Bihar & Ors.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ujjwal Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 08-12-2023

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A supplementary affidavit has been filed on behalf of the petitioner, which is kept on record.

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2. Heard learned counsel for the petitioner and learned APP for the State.

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3. The petitioner seeks regular bail in connection with Complaint Case No. 1388 of 2021 instituted for the offences under Section 498A, 323 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

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4. It is a case of dowry demand by the petitioner and his family members.

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5. Learned counsel for the petitioner submits that petitioner has been falsely been implicated in this case. He further submits that the parties to this present case have made

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Patna High Court CR. MISC. No.79800 of 2023(2) dt.08-12-2023 2/2

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settlement outside of the Court and have filed a compromised petition before the Court below and the opposite party no. 2 has been paid 5,51,000/-. Petitioner further submits that the opposite party no. 2 has stated in the compromised petition that all the pending cases against the petitioner will be withdrawn. Petitioner is in custody since 05.09.2023 and has got clean antecedent.

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6. Learned counsel for the State opposes the prayer for bail of the petitioner.

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7. Considering the facts and circumstances of the case as well as the fact that petitioner has got clean antecedent, let the above named petitioner be released 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, East Muzaffurpur in connection with Complaint Case no. 1388 of 2021, with condition that the Learned Court below shall verify the compromise petition before furnishing bail bond to the petitioner.

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(Ramesh Chand Malviya, J)

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Mayank/- U

Keshav Kumar v. The State of Bihar

Case brief

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Keshav Kumar v. The State of Bihar

Case brief

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