Vijay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33484 of 2018 Arising Out of PS.Case No. -136 Year- 2016 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Vijay Yadav, S/o Ganauri Yadav,

2. Sona Devi W/o Vijay Yadav, Both residents of Vill.- Pokhar Par Kena Sarai, P.S.- Muffasil, District- Nawada (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections-341, 323, 307, 449, 498A, 504, 34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioners. The informant is in habit of instituting cases for similar offences against the petitioners and their family members. The petitioner has falsely been implicated in the present case due to petty family dispute.

Patna High Court Cr.Misc. No.33484 of 2018 (2) dt.18-06-2018 There is no medical report in support of allegation for the offence u/S 307 of the Indian Penal Code. Rest of the offences are triable by the Magistrate. The petitioners have 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 petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, learned C.J.M. Ist Class, Nawada in connection with Muffasil P.S. Case No. 136 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T