Anil Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.56179 of 2015 (3) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56179 of 2015 Arising Out of PS.Case No. -146 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Anil Yadav, S/o Ram Chandra Yadav, Resident of Village- Siraiya, P.S.- Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. B.M.Pd.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-02-2016 Supplementary affidavit has been filed annexing the copy of deposition in Session Trial no. 622 of 2015 of Nilam Devi, Ranveer Sah, Akhileshwar Prasad Singh and Ganga Ram Yadav, let it be kept on record.

Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 146 of 2015 registered for the offences punishable under Sections 341, 324, 307, 498A/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. The allegation against the petitioner is that he being the husband of the daughter of the informant, due to non-fulfillment of demand of dowry by way of motorcycle, alongwith other coaccused assaulted her and tried to kill her by burning. Submission is of false implication and that the wife of

Patna High Court Cr.Misc. No.56179 of 2015 (3) dt.11-02-2016 the petitioner received burn injury when she was cooking food but being instigated by some enemy of the petitioner, her father lodged this case, now during deposition the wife of the petitioner and other witnesses have specifically stated that the wife of the petitioner received burn injury when she was cooking food due to accidental fire.

The learned A.P.P.

after going through the supplementary affidavit does not oppose the prayer of bail. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Begusarai in connection with Sahebpur Kamal P.S. Case No. 146 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T