Mithlesh Yadav @ Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6061 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== Mithlesh Yadav @ Mithilesh Kumar Yadav Son of Late Chet Narayan Yadav R/O Village- Baluva (BALUA) Jagir, Ward No.5, P.S.- Taragach, DistrictKishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Devi D/O Bhuwaneshwar Mandal R/O Village- Kankhudiya, Ward No.01, P.S.- Palasi, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 498A, 341, 323/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per prosecution case, all the FIR named accused persons including this petitioner tortured and harassed the informant for non-fulfillment of demand of dowry. It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and

Patna High Court CR. MISC. No.6061 of 2023(3) dt.27-06-2023 2/2 omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged 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-V, Araria in connection with Araria Mahila P.S. Case No. 25 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T