Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22389 of 2021 Arising Out of PS. Case No.-636 Year-2019 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

SURENDRA YADAV Son of Dhiblal Yadav Resident of Village - Hethmadhiya, P.S.- Katoriya, District - Banka 2.

Rekha Devi Wife of Surendra Yadav Resident of Village - Hethmadhiya, P.S.- Katoriya, District - Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi Wife of Lakhan Yadav Resident of Village - ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 636 of 2019 instituted for the offence under Section 498(A) of the Indian Penal Code. As per allegation in the FIR, petitioners along with his family members have tortured in various ways due to nonfulfillment dowry demand and finally they ousted her after snatching her belongings.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are brother-in-law and sister-in-

Patna High Court CR. MISC. No.22389 of 2021(2) dt.03-01-2022 2/2 law of the informant and have been falsely implicated in this case. They have never demanded any thing from the informant. They have no concern with the daily activity of the informant and her husband. They are living separately. The sole responsibility to take care of wife with full honour and dignity is upon husband of the informant and not against the petitioners. Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioners, this Court is inclined to enlarge them on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case No. 636 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U