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Patna High CourtCR. MISC./23961/2020bail granted

Arjun Yadav v. The State Of Bihar

2020-10-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23961 of 2020 Arising Out of PS. Case No.-362 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

ARJUN YADAV Son of Late Prasadi Yadav Resident of Village - Jagatpur, P.S.- Akbarpur, District - Nawada.

2.

Urmila Devi Wife of Arjun Yadav Resident of Village - Jagatpur, P.S.- Akbarpur, District - Nawada.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arti Devi Daughter of Ram Swaroop Yadav Resident of Village - Mishri Chak, P.S.- Narhat, District - Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Bal Mukund Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Sri Bal Mukund Pd. Sinha, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Complaint case no. 362 of 2018 registered for the offences punishable under Sections 498A of Indian Penal Code and Section 4 of D.P. Act.

The allegation is regarding the accused persons having inflicted cruelty upon the complainant on account of

Patna High Court CR. MISC. No.23961 of 2020(2) dt.09-10-2020 2/3 non-fulfilment of the demand for dowry.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that the petitioner no. 1 is the father-inlaw of the complainant and petitioner no. 2 is the mother-in-law of the complainant and they are staying separately from their son i.e. the husband of the complainant, hence have got no complicity in the matter.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the petitioners are father-in-law and mother-in-law of the complainant and a general and omnibus allegation has been levelled as against them, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M.

Patna High Court CR. MISC. No.23961 of 2020(2) dt.09-10-2020 3/3 Nawada in connection with Complaint case no. 362 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T