Bhola Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42030 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -PANDARAK District- PATNA ======================================================

1. Bhola Yadav Son of Ganga Bishun Yadav Resident of Mananchak P.S. Bind, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Pinki Devi D/o Nahendra yadav Resident of Village- Manikpur PS Pandarak District Patna.

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Pandarak P.S. Case No. 40 of 2015 for the offences instituted under Sections 323, 307, 494, 498A of the Indian Penal Code and Section 3⁄4 of D.P. Act.

The allegation against the petitioner is that he along with other co-accused tortured the informant in various ways and even tried to kill her by administering poison due to nonfulfillment of the 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. It has

Patna High Court Cr.Misc. No.42030 of 2016 (4) dt.15-12-2016 2/2 been submitted on behalf of the petitioner that the petitioner is ready to keep the informant with him. It has further been submitted on behalf of the petitioner that the petitioner shall surrender in the court below on 12.01.2017 and on the said date, the petitioner shall take the informant with him, after furnishing the bail bond.

On behalf of the State and the learned counsel for the informant, it has been submitted that the informant is also present in the court. She is ready to reside with the petitioner. It is expected that the petitioner will keep the informant with all due respect and dignity.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his surrender before the learned court below on 12.01.2017 in connection with Pandarak P.S. Case No. 40 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T