Mukesh Kumar @ Mukesh Kumar Das v. The State of Bihar
CR. MISC./62913/2024 · 2025-03-20
S B P Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69425 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69425 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62913 of 2024 Arising Out of PS. Case No.-193 Year-2023 Thana- BARARI District- Katihar ====================================================== Mukesh Kumar @ Mukesh Kumar Das Son of Late Fagu Das R/o Village- Daha, P.S.- Lakhmaniya, District- Begusarai ... ... Petitioner/s Versus
1. The State of Bihar
2. Meghu Kumari @ Megha Kumari @ Rinku Kumari W/o Mukesh Kumar @ Mukesh Kumar Das, D/o Upendra Das R/o Village- Imli Chowk Chhoti Bhaisdira, P.S.- Barari, District- Katihar. At Present C/o- Govind Kumar, R/o Villatge- Shermari Bazar, P.S. and P.O. - Pirpainti, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suresh Prasad Sah For the Opposite Party/s : Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 5 20-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Barari P.S. Case No. 193 of 2023 for the offence under Sections 498A, 323, 406 and 34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. 3. As per the prosecution story, the informant has alleged that her marriage was solemnised with the petitioner – Mukesh Kumar Das on 19.02.2019 as per Hindu rituals. It is further alleged that after her marriage the petitioner along with other accused persons tortured variously for demand of dowry. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in
Patna High Court CR. MISC. No.62913 of 2024(5) dt.20-03-2025 2/3 this case. The complainant lodged the F.I.R. on 07.06.2023 for the occurrence of the year 2019 and there is no plausible explanation for the same. The complainant has solemnised second marriage in August 2023 with Govind Kumar son of Kailash Tanti, Resident of Village – Shermari Bazar, District – Bhagalpur. Opposite Party No. 2 has voluntarily left the house of the petitioner and in view of second marriage the opposite party has been residing in the house of Govind Kumar since
2023. 5. Learned APP opposes the prayer for bail. 6. Despite of issuance of notice to the Opposite Party No. 2, she did not choose to appear before this Court. Keeping in view all the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 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 S.D.J.M., Katihar, in connection with Barari P.S. Case No. 193 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. At the time of furnishing the bail bond, petitioner
Patna High Court CR. MISC. No.62913 of 2024(5) dt.20-03-2025 3/3 has to file an affidavit regarding second marriage of Opposite Party No. 2 with specific date as the date on which she has solemnised her second marriage is not mentioned in the present bail petition. Ankit Kumar/- (S. B. Pd. Singh, J) U T