Ajay Kumar Yadav @ Anuj Kumar Yadav @ Annjay Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48645 of 2017 Arising Out of PS. Case No.-135 Year-2014 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ajay Kumar Yadav @ Anuj Kumar Yadav @ Annjay Kumar Yadav S/o Late Teju Singh Yadav resident of Mohalla - Gaurakshani, Ward No. 4, Street No. 2C, Sasaram, P.S. - Sasaram (Model), District - Rohtas (Sasaram). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rinku Devi W/o Ajay Kumar Yadav D/o Late Lakhan Yadav resident of village - Pali, Ward No. 14, P.S. - Dehri, District - Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. SURESH PRASAD SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code. 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 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.48645 of 2017(2) dt.12-10-2017 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.

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 Sub Divisional Judicial Magistrate, Dehri-on-Sone, Rohtas (Sasaram) in connection with Trial No.29 of 2016 arising out of Complaint case No.135 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T