Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35232 of 2019 Arising Out of PS. Case No.-824 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== UMESH YADAV Son of Ghanshyam Yadav Resident of Village - Bishanpur, P.s.- Charka Pathar (Sono), Dist.- Jamui.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Tinki Devi Wife of Umesh Yadav, D/o Guljari Yadav Resident of Village - Bishanpur, P.S.- Charka Pathar (Sono), Dist.- Jamui at Present Daughter of guljari Yadav Resident of Village - Mohapur, Post.- office- Barmasiya, P.s.- Jhajha, Dist.- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s:

Mr.Pancha Nand Pandit, APP For O. P. No. 2 :

Mr. Rajesh Kumar Singh, Avocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2019 Heard Learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in Complaint Case No. 824C of 2016 in which cognizance has been taken for the offences punishable under Section 498A of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that the complainant filed the complaint case on 16.07.2016 and she was examined on S.A. On 17.10.2016 wherein she accepted that she is living in her maike since one and half year and no talk took place between this period.

Patna High Court CR. MISC. No.35232 of 2019(4) dt.27-09-2019 2/3 Learned counsel for the petitioner further submitted that he has never demanded any dowry from the complainant and has not tortured her.

Learned counsel for the O. P. No. 2 has opposed the prayer of anticipatory bail.

Considering the facts and circumstances where this complaint itself has been filed one and half years after the complainant left the house of the petitioner and there is no specific allegation of any assault or causing injury upon the complainant, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Complaint Case No. 824C of 2016 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.35232 of 2019(4) dt.27-09-2019 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T