Wakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28870 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- BIHIA District- Bhojpur ====================================================== WAKIL YADAV S/o Rasbihari Yadav R/o Village - Benwalia, Shahpur (Belwania), P.S. - Bihiya, Dist.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rina Sinha, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/323/324/307/354/354(a) (d)/447/448/504/34 of the IPC and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner and other accused persons is of torturing the informant for demand of dowry. It is alleged that whenever the petitioner used to come on leave, he tried to outrage her modesty and on protest, she was assaulted. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.28870 of 2022(2) dt.08-09-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has no criminal antecedent. Petitioner is the own younger brother-inlaw of the informant. The informant was examined by the doctor and the injury report suggests that the injuries are simple in nature.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bihiya P.S. Case No.300/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T