Patna High CourtCR. MISC./12583/2017bail granted

Barun Kumar Yadav v. State Of Bihar And ANR

2017-04-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12583 of 2017 Arising Out of PS.Case No. -93 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Barun Kumar Yadav, Son of Deonandan Prasad Yadav, Resident of Village-Mayabigha, P.S. Kadirganj O.P. Kadirgang, District Nawada .... .... Petitioner

Versus

1. The State of Bihar

2. Anamika Kumari, Wife of Barun Kumar Yadav, D/o Shiv Shankar Yadav, Resident of Uprawa, P.S. Kashichak District Nawadah .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Mritunjay Kumar, Advocate.

Mr. Santosh Kumar, APP.

For the State : Mr. Amitesh Kumar, APP.

For the Opposite Party No. 2 : Mr. Sheo Kumar Prasad, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2017 Heard both sides.

The petitioner seeks bail in Nawadah Complaint Case No. 93 of 2015, registered for the offence punishable under Section 498(A) of the Indian Penal Code.

The complainant in brief alleged that the petitioner after her marriage on 24.05.2013 subjected her to physical and mental torture due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that no specific allegation is made against the petitioner and only prima facie case under Section 498(A) of the Indian Penal Code is found. On the other hand, learned counsel for the complainant

Patna High Court Cr.Misc. No.12583 of 2017 (2) dt.11-04-2017 2/2 submits that the petitioner has already solemnized second marriage.

Considering the facts aforesaid and the fact that the petitioner is in jail since 30.11.2016 and the petitioner has already remained in jail for four months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Nawadah Complaint Case No. 93 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T