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Patna High CourtCR. MISC./21814/2024bail granted

Ram Janam Yadav v. The State Of Bihar

2024-04-04Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21814 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

Ram Janam Yadav, Son of Late Ram Prit Yadav, R/O-Makhdumpur, P.S.- Pipra, Distt.-Patna 2.

Sonawa Devi @ Sona Devi, Wife of Ram Janam Yadav, R/O-Makhdumpur, P.S.-Pipra, Distt.-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Deepti Pandey, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-04-2024 Learned counsel for the petitioners seeks permission for making some correction in paragraph no.12 of the petition.

2. He is permitted to do so in course of the day.

3. Heard learned counsel for the petitioners and learned APP for the State.

4. In this present case, the petitioners are apprehending their arrest in connection with Jehanabad Mahila P.S. Case No. 41 of 2023, registered for the offences under Sections 341, 323, 498(A), 506 and 379/34 of the Indian Penal Code.

5. As per prosecution case, petitioners are parents-inlaw of the informant whose marriage was solemnized with son of the petitioners in the year 2016. Allegation against the petitioners is that they have been physically and mentally torturing the

Patna High Court CR. MISC. No.21814 of 2024(2) dt.04-04-2024 2/3 informant and have been demanding Rs. 5,00,000/- in dowry. Lastly, the informant was driven out from her matrimonial home.

6. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. They never tortured or ill treated the informant. The petitioners have been living separately from the informant and her husband. The petitioners are having clean antecedent.

7. Learned APP opposes the prayer for anticipatory bail.

8. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the relationship of the petitioners with the informant and further considering the general and vague nature of allegations against the petitioners and also considering the clean antecedent of the petitioners coupled with possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad/concerned court in connection with Jehanabad P.S. Case No. 41 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

Patna High Court CR. MISC. No.21814 of 2024(2) dt.04-04-2024 3/3 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T