Nawal Kishore Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47891 of 2015 Arising Out of PS.Case No. -84 Year- 2007 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Nawal Kishore Yadav Son of Late Deo Narayan Yadav, Resident of Village - Laskari, P.S. - Uda-Kishunganj, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Urmila Devi, D/o Gajendra Yadav, Resident of Village -Dubhi Subhi, P.S. - Puraini (Chousa), District - Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Upendra Kumar(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 10-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Nawal Kishore Yadav, in connection with Complaint Case No. 84 of 2007, under Sections 498A/494/323 of the Indian Penal Code. Perused the above application and materials on record. Heard Mr. Pawan Kumar, learned Counsel for the petitioner, and Upendra Kumar, learned Additional Public Prosecutor, appearing on behalf of the State.

Petitioner is an accused in a complaint case and as he had not appeared on the date fixed despite the fact that he was on bail, he has been taken into custody on 05.08.2015.

Considering the fact that the petitioner undertakes to appear in the Court below on each and every date to be fixed in the case and perusal of the materials available on record does not reveal such incriminating materials,

Patna High Court Cr.Misc. No.47891 of 2015 (2) dt.10-11-2015 2/2 which would warrant further detention of the accused-petitioner in custody, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Uda-Kishunganj, Madhepura, in connection with Complaint Case No. 84 of 2007, with direction to appear in the Court-below on 23.11.2015 and, then, shall continue to appear as and when require. This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of.

(I.A. Ansari, ACJ.) Mkr./- U T