Patna High CourtCR. MISC./71590/2018bail granted

Sanjiv Kumar Yadav @ Sanjeev Kumar v. State Of Bihar And ANR

2018-12-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71590 of 2018 Arising Out of PS. Case No.-10 Year-2015 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Sanjiv Kumar Yadav @ Sanjeev Kumar S/o Bhola Prasad Yadav R/o Village Simanpur More P.S. Pirpainty District Bhagalpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi D/o Sri Dev Saran Yadav W/o Sri Sanjiv Kumar Yadav Resident of Village-Jagatpur, P.S. Parbatta District-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 504/34 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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. 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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.71590 of 2018(2) dt.12-12-2018 2/2 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, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Naugachia, District-Bhagalpur in connection with Naugachia (Mahila) P.S. Case No. 10 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T