Patna High CourtCR. MISC./41339/2021disposed

Vinek Yadav v. The State Of Bihar

2022-01-20Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41339 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- MARAUNA District- Supaul ====================================================== Vinek Yadav S/O Late Mishri Lal Yadav R/o village- Saroja Bela, P.S.- Marauna, District- Supaul ... ... Petitioner/s

Versus

The State Of Bihar 2.

Smt. Phul Kumari Devi W/o Sri Vinek Yadav R/o village- Saroja Bela, P.S.- Marauna, District- Supaul, At present D/o Late Lalo Yadav, R/o villageHarri Bhitta Tol, P.S.- Marauna, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 The matter has been listed today for consideration through virtual mode.

Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 01.02.2021 seeks regular bail in connection with Marauna P.S. Case No.06/2021 registered for the offence punishable under Sections 341, 323, 498, 498A, 494, 379, 506, 349 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act, 1961.

Patna High Court CR. MISC. No.41339 of 2021(2) dt.20-01-2022 2/3 Prosecution case in brief, is that on 01.02.2021 Smt. Phul Kumari Devi submitted a written report that her husband as well as other in-laws were demanding dowry amounting to Rs.2,00,000/-. On the evening of 03.02.2020 she was beaten and driven out from her matrimonial house then she came to her father's place. Her husband reached there and took his sister-in-law Puja Devi to his house and thereafter disappeared with her after stealing jewelery and cash. After sometime he returned and threatened, if she will not come with money then she cannot live in this house.

Learned counsel appearing on behalf of the petitioner submits petitioner is always ready to keep her with full honour and dignity. He further submits that petitioner is innocent and has no criminal antecedent and is in custody since 01.02.2021.

Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case and limited submission of the petitioner that he is ready to keep his wife with full dignity and honour, the petitioner above named, be released on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.41339 of 2021(2) dt.20-01-2022 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., VIth, Supaul in connection with Marauna P.S. Case No.06/2021, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If no allegation is made against the petitioner within one year by his wife opposite party no.2, the provisional bail of the petitioner shall be confirmed.

(Purnendu Singh, J) Prakash Narayan /- U T