Masket Yadav @ Masket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28683 of 2019 Arising Out of PS. Case No.-3659 Year-2015 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Masket Yadav @ Masket Kumar, Son of Dino Yadav, Resident of VillageBanma, O.P.- Banma Itarhi, P.S.- Salkhua, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Devi, D/o Ramdeo Yadav, Wife of Masket Yadav, Resident of VillageBanma, O.P.- Banma Itarhi, P.S.- Salkhua, District- Saharsa, presently Jamal Nagar Parasbanni, O.P.- Banma Itarhi, P.S.- Salkhua, District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 3659C of 2015, disclosing offences under Section 498A of the Indian Penal Code. Prosecution story is that complainant was married with the petitioner but after the marriage, he started demanding dowry and for that, subjecting her to cruelty and harassment. Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and the complainant was married with other person before the married with the petitioner and she has not disclosed the same. Petitioner has never demanded any dowry from the opposite party no.2. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.28683 of 2019(5) dt.09-08-2019 2/2 In this case notice was issued to the opposite party no.2, as the service report of the ordinary notice disclosed that opposite party no.2 has received the notice on 08.06.2019, but nobody appears on her behalf nor any Vakalatnama has been filed on behalf of opposite party no.2.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa, in connection with Complaint Case No. 3659C of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T