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Patna High CourtCR. MISC./21861/2017rejected

Khagesh Kumar Yadav v. State Of Bihar And ANR

2017-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21861 of 2017 Arising Out of PS.Case No. -338 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================

1. Khagesh Kumar Yadav, son of Yoganand Yadav, R/o Village- Kanhaili, P.S.- Narpatganj, Distt- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mostt. Kiran Devi, W/o Khagesh Kumar Yadav, R/o Kanhaili, Narpatganj, Distt- Araria.

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

For the Petitioner/s : Mr. Kumar Vishoka Nand For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner seeks bail in Raniganj P.S. case No. 338 of 2016 under Section 307, 498A of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act. The informant alleged that on 01.06.2016 she voluntarily married with the petitioner and she went to her Sasural but the accused persons began to demand dowry. The informant alleged that she became pregnant and gave birth to a female child in the hospital but her husband took her to a different place and confined her.

The learned counsel for the petitioner submits that the informant was earlier married to somebody else. The petitioner

Patna High Court Cr.Misc. No.21861 of 2017 (3) dt.23-06-2017 2/2 is aged about 20 years whereas the informant is aged about 40 years. The informant does not want to live with the petitioner. She lodged false case but it appears that the informant has made specific allegation that petitioner put kerosene oil and set her ablaze. The informant got 50% burn injuries.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T