Vidyalal Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41364 of 2017 Arising Out of PS.Case No. -2326 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Vidyalal Yadav Son of Chandrama Yadav, R/o Village- Sahladpur, P.S.- Manjhagarh, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Lilawati Devi W/o Vidyalal Yadav, D/o Ramashankar Yadav, R/o Village- Sahladpur, P.S.- Manjhagarh,District- Gopalganj, at present R/o village- Manbodh Parsauni , P.S.- Uchkagaon, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel appearing on behalf of the State.

The petitioner seeks bail instituted under Sections 323, 498(A), 406 and 34 of the Indian Penal Code.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.04.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.41364 of 2017 (2) dt.15-09-2017 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute the present case has been instituted against the petitioner. From Annexure-3, it is evident that the complainant has already performed second marriage. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and the counsel for the complainant, it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on 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 A.C.J.M.-XI, Gopalganj, in connection with Complaint Case No.2326 of 2012, Tr. No.1838 of 2017..

(Sudhir Singh, J) Amit/- U T