Kanhaiya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16192 of 2018 Arising Out of PS. Case No.-113 Year-2016 Thana- DHARHARA District- Munger ====================================================== Kanhaiya Yadav, Son of Ramdev Yadav, Resident of Village- Mankattha Bishunpur, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
DR. INDIWAR KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 302, 201 and 498A 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 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The present case has been instituted for offences under Sections 302, 201 and 498A IPC and allied sections. It has been submitted that the victim girl in question was produced before the Magistrate for recording her statement under Section 164 Cr.P.C. which is evident from Annexure2 to the present application. Admittedly, it is not a case for offence
Patna High Court Cr.Misc. No.16192 of 2018(3) dt.30-03-2018 2/2 under Section 302 IPC as the girl (victim) is still alive. The case has been instituted due to mistake of fact From the case diary, it has come that the victim girl is mentally ill and is in habit of leaving house without informing any one.
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 A.C.J.M.-II, Munger in connection with Dharhara P.S. Case No. 113/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T