Kanhaiya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46829 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Kanhaiya Yadav S/o Sri Dasrath Yadav @ Motilal Yadav R/o villageJagarnatha, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Singh For the Opposite Party/s :

Mr. Ramchandra Sahni, APP For the Informant :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 141 of 2021 registered for the offence under Sections 366 and 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

The accused/petitioner is named in the F.I.R. and is in custody since 03.06.2021.

The allegation against the petitioner is to kidnap the married daughter of the informant alongwith husband of the victim, who is one of the co-accused, for non-fulfillment of the demand of dowry.

Patna High Court CR. MISC. No.46829 of 2021(3) dt.21-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been implicated in this case only being the friend of the main accused, namely, Vibek Kumar, who is the husband of the daughter of the informant. It has also been submitted that the petitioner is a man of clean antecedent and also chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel appearing on behalf of the informant submitted that the petitioner actively participated in the alleged occurrence. Considering the facts and circumstances as mentioned above, as the petitioner has been implicated in this case only being the friend of main accused, who raised the demand of dowry, let the petitioner, above named, is directed to be released on bail in connection with Manjhagarh P.S. Case No. 141 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.46829 of 2021(3) dt.21-06-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Harischandra Kumar, who is the own brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T