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Patna High CourtCR. MISC./6037/2023bail granted

Pancho Yadav v. The State Of Bihar

2023-05-17Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6037 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- MAHILA PS District- Khagaria ====================================================== 1.

PANCHO YADAV SON OF LATE SAKALDEV YADAV R/O VILLAGESAHEB DIYARA, BODHAN TOLA, P.S.- MUFFASIL, DISTRICTMUNGER 2.

MANGO DEVI WIFE OF PANCHO YADAV R/O VILLAGE- SAHEB DIYARA, BODHAN TOLA, P.S.- MUFFASIL, DISTRICT- MUNGER 3.

RAJ KISHORE YADAV SON OF PANCHO YADAV R/O VILLAGESAHEB DIYARA, BODHAN TOLA, P.S.- MUFFASIL, DISTRICTMUNGER 4.

SMITA DEVI @ ASMITA DEVI WIFE OF RAJ KISHORE YADAV R/O VILLAGE- SAHEB DIYARA, BODHAN TOLA, P.S.- MUFFASIL, DISTRICT- MUNGER ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ASMITA DEVI WIFE OF VIKKI YADAV, D/O VIJAY YADAV R/O VILLAGE- SAHEB DIYARA, BODHAN TOLA, P.S.- MUFFASIL, DISTRICT- MUNGER ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khagaria (Mahila) Police Station Case No. 33 of 2022, dated 21.08.2022, disclosing offences under Sections 498A/506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.6037 of 2023(2) dt.17-05-2023 2/3 The prosecution case, as per the First Information Report, is that the marriage of the informant was solemnized with co-accused Vikky Yadav in the year 2018, and after the marriage, the petitioner no. 2 started demanding Rs. 20,00,000/- from the informant as dowry and due to the non-fulfillment of the said demand, the informant was subjected to cruelty, mentally as well as physically and the petitioner and in-laws of the informant also assaulted the informant and the petitioner no. 1 tried to outrage her modesty.

Learned Counsel for the petitioners submits that the petitioners, who are father, mother, brother and sister-in-law of the husband of the informant, have not committed any offence in the manner alleged and they have falsely been implicated in this case. He next submits that the petitioners have no concern with the day-to-day affairs of the informant and they live separately from them.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioners are the father, mother, brother and sister-in-law of the husband of the informant, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.6037 of 2023(2) dt.17-05-2023 3/3 Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Mahila) Police Station Case No. 33 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √