Dhananjay Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.6975 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6975 of 2015 Arising Out of PS.Case No. -80 Year- 2014 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dhananjay Yadav Son of Heera Yadav @ Nagina Yadav Resident of Village - Tuniyahawa, Police Station - Dhanaha, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.02.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner being husband of the informant is in jail custody since 9.6.2014 in a case registered under sections 341, 323, 307, 498A, 504/34 of the IPC and 3/ 4 of the D.P. Act. The contention on behalf of the petitioner is that prior to filing of the present case, informant had filed Complaint Case No. 596/2011 in which petitioner was granted provisional bail with condition that if matrimonial harmony is restored, his provisional bail shall be confirmed. In compliance of order the petitioner took informant to his home but again, informant created problem and left her matrimonial home and lodged the present case with concocted story. It is further contended by him that so far so-called injury of the

Patna High Court Cr.Misc. No.6975 of 2015 (2) dt.23-02-2015 informant is concerned, she has sustained simple injury i.e. too, only abrasion and bruise. It is further contended by him that earlier informant filed Mahila P.S. Case no. 15/2012 for similar occurrence and the aforesaid case was found untrue by the police. Learned counsel appearing for the informant refuted the above stated submissions arguing that the petitioner not only violated the direction of this court but also brutally assaulted the informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bagaha District West Champaran in Dhanaha P.S. Case no. 80/2014. shahid (Hemant Kumar Srivastava,J) U T