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Patna High CourtCR. MISC./7173/2015bail granted

Munna Yadav And ANR v. The State Of Bihar

2015-08-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7173 of 2015 Arising Out of PS.Case No. -306 Year- 2014 Thana -BRAHMPUR District- BUXAR ======================================================

1. Munna Yadav, son of Lallu Yadav

2. Tej Narayan Yadav, son of Bhagwan Yadav.

Both resident of Village- Hamdapur, P.S.- Brahmpur, District- Buxar .... .... Petitioners

Versus

1. The State of Bihar

2. Indu Devi, W/o Munna Yadav

3. Sanju Devi/Yadav, W/o Tej Narayan Yadav.

Both are resident of village-Hemdapur, P.S.-Brahmpur (Chakki), District-Buxar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 12-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Brahmpur (Chakki) P.S. Case No. 306 of 2014 registered under Sections 498-A and 323 read with 34 of the Indian Penal Code as well as 3 & 4 of the Dowry Prohibition Act. It is contended that petitioner no. 1 Munna Yadav is husband of the informant and petitioner no. 2 Tej Narayan Yadav is his younger brother to whom the younger sister of the informant, namely, Sanju Yadav has been married. Though the

Patna High Court Cr.Misc. No.7173 of 2015 (3) dt.12-08-2015 2 / 2 informant was married to the petitioner no. 1 on 14.06.2003, a false date of marriage has been given in the FIR as 14.02.2012. He further contended that there is no truth behind the allegations made in the FIR. As a matter of fact, the informant herself deserted her matrimonial home.

Learned counsel for the State has opposed the prayer for bail.

Be that as it may, regard being had to the nature of offence, facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the petitioners are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Buxar in connection with Brahmpur (Chakki) P.S. Case No. 306 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T