Patna High CourtCR. MISC./30584/2018bail granted

Bipin Yadav v. State Of Bihar And ANR

2018-05-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30584 of 2018 Arising Out of PS. Case No.-302 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Bipin Yadav S/o Budh Ram Yadav, R/o Vill.- Ghosiya Murila, Ward No. 1, Mudila, P.S.- Ramnagar, District- West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sangeeta Devi W/o Bipin Yadav, R/o Vill.- Ghosiya Murila, Ward No.1, Mudila, P.S.- Ramnagar, District- West Champaran (Bettiah). At present of Mohalla- Taulahan, P.S.- Ramnagar, District- West Champaran (Bettiah). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 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 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 petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.30584 of 2018(2) dt.18-05-2018 2/2 petitioner has relied upon the judgment of this Court in the case 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 Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran (Bettiah) in connection with C. case No.302 of 2016, Trial No.1360 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T