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Patna High CourtCR. MISC./18388/2020bail granted

Sharwan Yadav v. The State Of Bihar

2020-06-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18388 of 2020 Arising Out of PS. Case No.-1050 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Sharwan Yadav Son of Late Chhote @ Chhote Yadav Resident of Village - Regniya Bigha, P.S.- Giriyak, District- Nalanda at Biharsharif ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rubi Kumari D/O- Shiv Yadav Resident of Village - Lohani Bigha, P.S.- Nawada, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Complaint Case No. 1050 of 2017 registered for the offence under sections 498A, 323, 504 and 379 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per allegation in the complaint, there are allegations of torture, assault, demand of dowry, having illicit relation etc, against the petitioner, who happens to be the husband of the complainant.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.18388 of 2020(2) dt.09-06-2020 2/2 that the application for bail of the petitioner was earlier rejected vide order dated 11.12.2019(Annexure-I) passed in Cr. Misc. No. 81812 of 2019 giving liberty to the petitioner to renew his prayer for bail on completing six months in custody. It is submitted by learned counsel for the petitioner that the petitioner is in custody for more than eight months since 18.09.2019..

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, liberty granted to the petitioner vide order dated 11.12.2019 and the petitioner having remained in custody since 18.9.2019, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Complaint Case No. 1050 of 2017 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Nawada. (Partha Sarthy, J) sushma/- U T