Bipin Kumar @ Bipin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20941 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- MAHILA PS District- Khagaria ====================================================== Bipin Kumar @ Bipin Yadav S/O Yogendra Yadav R/O Village- Sanjhauti, P.S.- Alauli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Khagaria (Mahila) P.S. Case No. 22 of 2021 instituted under Sections 498 (A), 494 and 34 of the Indian Penal Code and 3, 4 of the Dowry Prohibition Act.
3. The allegation against the petitioner is that he was involved in the dowry torture against the informant.
4. Learned counsel for the petitioner submits that petitioner is the husband of the informant who has falsely been implicated in this case. Petitioner lives outside the town for his livelihood. He further submits that no marriage took place between the petitioner and the informant and the petitioner has filed Matrimonial Case No. 75 (M) / 21 under Sections 11 and
Patna High Court CR. MISC. No.20941 of 2022(7) dt.29-08-2023 2/2 12 of the Hindu Marriage Act which is pending before the Court concerned. In the mediation, the informant has not cooperated. Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria in connection with Khagaria (Mahila) P.S. Case No. 22 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T