Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17121 of 2023 Arising Out of PS. Case No.-75 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== BIRENDRA YADAV SON OF LATE TANAY YADAV R/O VILLAGERAJPUR, WARD NO.14, P.S.- MADHEPURA, DISTRICT- MADHEPURA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
KHUSBU KUMARI D/O RAJENDRA MANDAL, WIFE OF PRAKASH ANAND @ HARDIP KUMAR R/O VILLAGE- RAJPUR, WARD NO.14, P.S.- BARRAHI O.P., DISTRICT- MADHEPURA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 325, 379, 498 (A), 504, 506/34 of the Indian Penal Code.
As per the prosecution case, petitioner along with other family members committed torture on the informant's daughter due to non-fulfilment of dowry demand. Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the victim with honour and
Patna High Court CR. MISC. No.17121 of 2023(2) dt.18-05-2023 2/2 dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the Learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi O.P) Police Station Case No 75 of 2020, subject to the conditions laid down under section 438 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T