Patna High CourtCR. MISC./47379/2017bail granted

Subhash Yadav @ Braj Kishore Prasad v. The State Of Bihar

2017-10-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47379 of 2017 Arising Out of PS.Case No. -112 Year- 2015 Thana -MAHILA PS District- JAMUI ======================================================

1. Subhash Yadav @ Braj Kishore Prasad, Son of Fakira Yadav, Resident of Village- Pacheshwari (Numar), P.S.- Barhat, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.02.2017 in connection with Jamui Mahila P.S. Case No. 112 of 2015 for offences punishable under Sections 323, 341, 498(A), 307/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that she was subjected to torture for non-fulfillment of demand of dowry and turned out of the matrimonial house and the petitioner solemnized second marriage.

It has been submitted by the learned counsel for the petitioner that he is innocent, and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been

Patna High Court Cr.Misc. No.47379 of 2017 (2) dt.04-10-2017 2/2 submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the bail application of the petitioner was earlier rejected in Criminal Miscellaneous No. 19748 of 2017 on 22.06.2017.

Considering the facts and circumstances and the materials on record, as well as the period of custody, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui, in connection with Jamui Mahila P.S. Case No. 112 of 2015 subject to the condition that both bailors would be a close relative of the petitioner.

(Nilu Agrawal, J) sushma/- U T