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Patna High CourtCR. MISC./8773/2024bail granted

Sunil Yadav v. The State Of Bihar

2024-07-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8773 of 2024 Arising Out of PS. Case No.-353 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Sunil Yadav S/o Sri Sibu Yadav R/o Vill - Hairharpur, Ward No. 10, P.S. - Chhatapur, Dist. - Supaul ... ... Petitioner/s

Versus

1. The State of Bihar

2. Anju Devi D/O Gandeo Yadav, R/O Village-Phulkar, P.O. + P.S. - Phulkar, District- Araria.

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

For the Petitioner/s :

Mr. Amrit Abhijat, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 353 of 2022 registered under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per prosecution case, the informant/opposite party no. 2 was married with the petitioner on 06.08.2022 and after marriage, when the informant went to her matrimonial house, this petitioner along with other accused persons started demanding dowry and due to non-fulfillment of the demand of dowry, the accused persons assaulted the informant.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.8773 of 2024(6) dt.30-07-2024 2/2 submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that entire prosecution case is false. As a matter of fact, the marriage of petitioner is not voluntarily rather he was abducted by some persons and was forced to marry opposite party no. 2. Allegation of assault and demand of dowry is fallacious. It is next submitted that opposite party no. 2 was not happy of her forceful marriage with the petitioner, solemnized at the instance of her family members. Petitioner claims clean antecedent.

5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Supaul in connection with Chhatapur P.S. Case No. 353 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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