Dhiraj Yadav @ Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25209 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- Rangara District- Bhagalpur ====================================================== Dhiraj Yadav @ Dhiraj Kumar Son of Krishna Dev Yadav Resident of Village-Bhawanipur, P.S.- Rangra, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Rangra P.S. Case No. 144 of 2024 for the offence under sections 137(2), 140(3) and 3(5) of the B.N.S. lodged on 21.12.2024 by the informant, Anuj Kumar.
3. As per the prosecution story, the informant alleged that his wife left the house without informing anyone and upon search, came to notice that she was in touch with one Pandav Kumar who gave information that the lady is with him. They further claim to have got married at Singheshwar Temple. This led to the FIR.
4. Learned counsel for the petitioner submits that he is the elder brother of Pandav Kumar, has no role to play in the matter, the allegation is against his brother that he took away the
Patna High Court CR. MISC. No.25209 of 2025(2) dt.07-05-2025 2/3 married lady and in any case, she is a major and left on her own.
5. Learned APP opposes the prayer submitting that the allegation against the family member is also there.
6. Taking into account the submissions of the parties as also that a major married lady left her home, allegation is that she went away with Pandav Kumar and solemnized marriage, the petitioner is his elder brother and an undertaking has been given that he shall be diligently appear in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-1st, Naugachia, Bhagalpur/successor Court in connection with Rangra P.S. Case No. 144 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.25209 of 2025(2) dt.07-05-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T