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2025 DAILYLAW 76183 (PAT)

Kaushlendra Kumar v. The State of Bihar

CR. MISC./70211/2024 · 2025-03-22

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70211 of 2024 Arising Out of PS. Case No.-1532 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Kaushlendra Kumar S/o Arbind Yadav R/o Village- Birjpur (Nanoura), P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar 2. Sudha Devi W/o Kaushlendra Kumar, D/o Rampravesh Singh R/o Village- Birijpur (Nanoura), P.S.- Noorsarai, District- Nalanda. At present R/v- Mustafapur, P.S.- Harnaut, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 22-03-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State. 2. The petitioner is apprehending arrest in connection with Complaint Case No. 1532C of 2018, registered for the offences punishable under Sections 498A, 323, 341, 504, 379, 313 & 34 of the Indian Penal Code. 3. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that vide order no.2 dated 23.10.2024, notice was issued upon Opposite Party No.2 under registered cover with A.D as well as ordinary process, but Opposite Party no.2 has not appeared even after valid service of notice. Counsel submits that Patna High Court CR. MISC. No.70211 of 2024(3) dt.22-03-2025 2/2 the present case has arisen by virtue of Complaint case in which the allegation of torture by the petitioner has been made. Even after repeated interference, the matter could not be resolved. It has been stated in Complaint case that on 12.06.2016, complainant gave birth to a son. Counsel further submits that petitioner has no criminal antecedent. 4. Learned APP for the State submits that informant/Opposite party no.2 has not appeared even after notice which has been validly served upon her. 5. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Nalanda at Biharsharif, in connection with Complaint Case No. 1532C of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. Divyansh/- (Dr. Anshuman, J) U T