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Patna High CourtCR. MISC./48747/2017bail granted

Jay Narayan Yadav @ Bannu @ Banno @ Jay Naraya Yadav v. State Of Bihar And ANR

2017-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48747 of 2017 Arising Out of PS. Case No.-24 Year-2016 Thana- COMPLAINT CASE District- Kishanganj ====================================================== Jay Narayan Yadav @ Bannu @ Banno @ Jay Naraya Yadav Son of Balram Yadav, R/o Village- Teknigarhi , P.S.- Kodhobari, in the District of Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shikha Devi W/o Jay Narayan Yadav @ Bannu @ Banno @ Jay Naraya Yadav, R/o Village- Teknigari, P.S.- Kodhobai, in the District of Kishanganj, at present R/o Jhapa, District- Jhapa (Nepal). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.48747 of 2017(2) dt.12-10-2017 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kishanganj in connection with Case No. C-24 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T