Lalan Prasad Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65364 of 2018 Arising Out of PS. Case No.-717 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Lalan Prasad Yadav, Son of Natho Prasad Yadav @ Nathuni Yadav, Resident of Village- Hussain Chak, P.S.- Balia, District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kumari Chetna, Wife of Anand Rvi, Daughter of Late Chandra Shekhar Yadav, resident of Village- Bari Balia, P.S.- Balia, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Nath Jha For the Opposite Party/s :

Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 420, 498A, 323, 506, 509 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-fulfillment 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 is father-in-law of the victim. He has

Patna High Court Cr.Misc. No.65364 of 2018(2) dt.26-10-2018 2/2 falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The 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/F.I.R. 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 Sri Rajeev Kumar, Judicial Magistrate, II, Begusarai in connection with Complaint Case No. 717C/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U