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Patna High CourtCR. MISC./33710/2023allowed

Sikendra Yadav @ Siken Yadav v. The State Of Bihar

2023-07-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33710 of 2023 Arising Out of PS. Case No.-427 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== SIKENDRA YADAV @ SIKEN YADAV Son of Dipo Yadav Resident of Village- Bairo PS- Supaul, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi Daughter of Soti Yadav Resident of Rakia PS- Bihra DistrictSaharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 379, 498A, 494, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the DP Act.

The allegation against the petitioner is that he along with other accused persons abused and assaulted the informant and ousted her from her matrimonial home due to non fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.33710 of 2023(2) dt.05-07-2023 2/2 from perusal of the impugned order it would appear that the complainant has solemnized marriage along with Indra Deo Yadav @ Dukhan Yadav. He further submits that the complainant has filed a maintenance case vide Maintenance Case No. 34 of 2019, which has been disposed of on the basis of the compromise. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complainant Case No. 427C of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T