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Kamlesh Kumar Vs. the State of Bihar and anr

Kamlesh Kumar vs The State of Bihar and anr

Type Court Judgment Court Patna Decided May 13, 2012
~2 min read
https://sooperkanoon.com/case/974935

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Kamlesh Kumar

Respondent

The State of Bihar and anr

Excerpt

in the high court of judicature at patna criminal miscellaneous no.38176 of 2011 kamlesh kumar, s/o-sri krishna kumar singh versus the state of bihar & anr ---------------------------------”13. 01.2012 heard learned counsel for the petitioner as well as learned additional public prosecutor for the state. petitioner being husband of the informant is languishing in jail custody in a case registered under sections 341, 323, 498 a, 494, 504/34 of the indian penal code and of dowry prohibition act. although, there is some sort of allegation of torturing against the petitioner but according to prosecution case itself, the marriage of the informant had taken place in the year 2000 whereas the present case was filed in the year 2010 i.e. after ten years of the marriage. learned counsel for the petitioner submits that, as a matter of fact, the informant was unable to produce any child and with the consent of the informant the petitioner solemnized his second marriage but after solemnization of the second marriage, informant created trouble in the family and lastly, she has filed the present case. it is further submitted by him that no doubt, para-84 of the case diary reveals that informant sustained some injuries but the aforesaid injuries are superficial in nature. considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the period of detention of the petitioner in jail custody, let the petitioner 2 be released on bail on furnishing bail bonds of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, bhojpur at ara in connection with ara nawada p.s. case no. 349 of 2010. shahzad ( hemant kumar srivastava, j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38176 of 2011 Kamlesh Kumar, S/O-Sri Krishna Kumar Singh Versus The State Of Bihar & Anr ---------------------------------”

13. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the informant is languishing in jail custody in a case registered under Sections 341, 323, 498 A, 494, 504/34 of the Indian Penal Code and of Dowry Prohibition Act. Although, there is some sort of allegation of torturing against the petitioner but according to prosecution case itself, the marriage of the informant had taken place in the year 2000 whereas the present case was filed in the year 2010 i.e. after ten years of the marriage. Learned counsel for the petitioner submits that, as a matter of fact, the informant was unable to produce any child and with the consent of the informant the petitioner solemnized his second marriage but after solemnization of the second marriage, informant created trouble in the family and lastly, she has filed the present case. It is further submitted by him that no doubt, Para-84 of the case diary reveals that informant sustained some injuries but the aforesaid injuries are superficial in nature. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the period of detention of the petitioner in jail custody, let the petitioner 2 be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 349 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)

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