Shambhoo Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2595 of 2019 Arising Out of PS. Case No.-776 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Shambhoo Yadav Rajoo Yadav Resident of Village - Rakhti, P.S. Maheshi, District-Saharsa.

... ... Petitioner/s

Versus

1.

State of Bihar 2.

Bibha Devi Shamboo Yadav R/o Vill Rakhti, P.S Mahesi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Neeraj Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the main application in course of the day.

Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 323, 379, 498A, 494 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been allowed bail provisionally by order dated 21-01-2019. The petitioner is in custody since 1009-2018. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.2595 of 2019(5) dt.12-04-2019 2/2 present case due to petty family dispute. The petitioner undertakes that he will cooperate in trial. All offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner by order dated 21-012019 is hereby confirmed. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T