Rohit Kumar Yadav @ Rohit Kr. v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.700 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== ROHIT KUMAR YADAV @ ROHIT KR. Son of Surendra Yadav @ Raftu Yadav Resident of Village- Beur More, P.S.- Phulwari, District- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Madhu Kumari, Wife of Rohit Kumar @ Rohit Kumar Yadav, D/o Umesh Kumar Resident of Village-Jamunirai Ka Kua Mogalpura, P.S.- Khajekala, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seek pre-arrest bail in connection with Mahila (Phulwari) P.S. Case No. 195 of 2018 Special Case No. 663 of 2018 registered under Sections 498(A), 504, 506 of the Indian Penal Code, Section 3(i) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and section 3/4 of the Dowry Prohibition Act. Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case on the instigation of her parents to take monetary benefits. Further submission is that it would

Patna High Court CR. APP (SJ) No.700 of 2019(5) dt.19-06-2019 2/2 appear from the Annexure-2 to the bail application that the informant has given a statement under section 164 Cr. P.C. in earlier case in connection with Khajekala P.S. Case No. 85 of 2018 by saying that she is going to her parent's house in full conscious and she has been living in her parent's house. Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Patna in connection with Mahila (Phulwari) P.S. Case No. 195 of 2018, Special Case No. 663 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order dated 25.01.2019 is set aside.

(Arvind Srivastava, J) shailendra/- U T