Mithilesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50275 of 2018 Arising Out of PS. Case No.-131 Year-2016 Thana- IMAMGANJ District- Gaya ====================================================== Mithilesh Yadav Son of Ram Parvesh Yadav Resident of Village Dukhatpur, P.S. Imamganj, Distt. Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Pushpa Devi W/o Mithilesh Yadav, D/o Ramchandra Yadav R/o Margra P.S. Maigra Distt. Gaya.

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

For the Petitioner :

Mr. S. Jamil Akhtar, Advocate For the State :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504, 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.06.2018. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. On the earlier occasion

Patna High Court Cr.Misc. No.50275 of 2018(2) dt.16-08-2018 2/2 also the victim had instituted a case for similar offence against the petitioner and his family members. The case is triable by the Magistrate. The petitioner has 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.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sherghati, District Gaya in connection with Imamganj P.S. case No.131 of 2016.

(Sudhir Singh, J) Narendra/- U T