Upendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24220 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

UPENDRA KUMAR YADAV S/O LATE JAGESHWAR YADAV R/O VILLAGE-AZAD NAGAR, NEAR RADHA KRISHNA MANDIR, O.P. (POLICE STATION)-BHULI, DISTRICT-DHANBAD (JHARKHAND). 2.

SARITA DEVI W/O SRI UPENDRA KUMAR YADAV R/O VILLAGEAZAD NAGAR, NEAR RADHA KRISHNA MANDIR, O.P. (POLICE STATION)-BHULI, DISTRICT-DHANBAD (JHARKHAND). 3.

MOHAN KUMAR S/O SRI UPENDRA KUMAR YADAV R/O VILLAGEAZAD NAGAR, NEAR RADHA KRISHNA MANDIR, O.P. (POLICE STATION)-BHULI, DISTRICT-DHANBAD (JHARKHAND). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MRS. PALLAVI KUMARI D/O SRI SANJAY SINGH SOM S/O SRI RAM PRASAD SINGH R/O VILLAGE-VISHWARMBHAR BIGHA, P.S-DAUD NAGAR, DISTRICT-AURANGABAD.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Ms. Prachi Pallavi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498(A), 341, 323, 307, 420 and 495/34 of the Indian Penal Code and

Patna High Court CR. MISC. No.24220 of 2021(2) dt.18-01-2022 2/3 Section 3/ 4 of the Dowry Prohibition Act.

The prosecution case relates to cheating by coaccused Devendra Kumar Yadav to the informant's daughter, namely, Pallavi Kumari by getting married with her whereas he was already married with one girl.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that co-accused Devendra Yadav, who is husband of the victim, has already been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 24161 of 2021 vide order dated 23.12.2021. He further submits that petitioner no.1 father-in-law, petitioner no.2 mother-in-law and petitioner no.3 is Dever of the victim. He further submits that they have no concern with the husband of the informant and they are separate from the mess and business of the informant's husband.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds

Patna High Court CR. MISC. No.24220 of 2021(2) dt.18-01-2022 3/3 of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, in connection with Daudnagar P.S. Case No. 113 of 2020 (arising out of G.R. Case No. 287 of 2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T