Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24018 of 2020 Arising Out of PS. Case No.-1 Year-2018 Thana- MAHILA THANA District- Begusarai ====================================================== Dinesh Yadav S/o Baleshwar Yadav Resident of Village- Danauli, Fulwariya, P.O.- Fulwariya, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rekha Devi W/o Dinesh Yadav, D/o Dinesh Yadav Resident of VillageParwatipur, P.O.- Gamhariya, P.S.- Gadhpura, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Begusarai Mahila P.S. Case No. 01 of 2018, registered for the offence punishable under Sections 498(A), 494 of the Indian Penal Code. As per prosecution case, the informant/opposite party no. 2 was married with petitioner 17 years ago. It is further alleged that due to non-fulfillment of demand of dowry, she was physically and mentally harassed by petitioner and his family members and finally, she was ousted from the home. It is submitted on behalf of petitioner that petitioner has committed no offence and has falsely been implicated in this case. No such occurrence has taken place. Neither any demand

Patna High Court CR. MISC. No.24018 of 2020(2) dt.17-09-2020 2/2 of dowry was made. It is further submitted that earlier, in the year 2013 also, vide Complaint Case No. 519-C of 2013, the informant had filed a complaint against petitioner and his family members with the same allegation, in which, petitioner has already been granted bail. Petitioner is husband of informant and he is in custody since 24-12-2019.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Begusarai Mahila P.S. Case No. 01 of 2018 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T