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Patna High CourtCR. MISC./5622/2019bail granted

Kanhaiya Yadav v. The State Of Bihar

2019-02-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5622 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- KHAJAULI District- Madhubani ====================================================== Kanhaiya Yadav, son of late Jibachh Yadav, resident of Village- Maniyarba Tole Main Pur Near Magtihat, P.S. Khajouli, Distt. Madhubani. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Khajouli P.S. Case No. 15 of 2018, instituted for the offence under Section(s) 323, 504, 506, 498(A), 384, 420, 406, 386, 307, 449, 427, 379, 120(B) of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Counsel for the petitioner submits that from the complaint petition it would be apparent that complainant has voluntarily married with this petitioner. He further submits that complainant has given statement under Section 164 Cr. P.C. wherein she admitted that she has married with this petitioner. She has alleged that petitioner has performed another marriage and he is neglecting her.

Patna High Court Cr.Misc. No.5622 of 2019(2) dt.01-02-2019 2/2 Counsel for the petitioner further submits that petitioner is ready to keep the complainant with him. The complainant has not levelled any allegation in the complaint petition against the petitioner of performing another marriage. Petitioner is in custody since 16.9.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate-IIIrd, Madhubani, in connection with Khajouli P.S. Case No. 15 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T