PATNA HIGH COURT
Jitendra Kumar, J
Sourav Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.633 of 2026
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Karja P.S. Case No. 193 of 2024, dated 16.08.2024, registered for the offences punishable under Sections 341 , 323, 354, 504, 506 and 498A/34 of the Indian Penal Code and Section ¾ of D.P. Act .
3. As per allegation, the marriage between the informant and the petitioner were solemnized in the year, 2022 and subsequent to the marriage, there was demand of additional dowry and on account of non-fulfillment of the same, she has subjected to cruelty for various ways.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that during investigation, petitioner has got benefit of Section 41A Cr.PC and he has cooperated with the investigation. He further submits that charge-sheet has been submitted and now cognizance has been taken and summon has been issued against the petitioner. He further submits that petitioner is apprehending that he may be taken into custody by the Court below. He also submits that the maximum punishment for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the fact that maximum punishment for the alleged offence is three years and petitioner has already get benefit of Section 41A of Cr.PC and he has cooperated with the investigation, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Karja P.S. Case No. 193 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
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