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Patna High CourtCR. MISC./51476/2016disposed

Rabin Kumar Yadav And ANR v. The State Of Bihar

2017-01-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51476 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Rabin Kumar Yadav S/o Hare Ram Yadav,

2. Hare Ram Yadav, S/o Sabit Lal Yadav, Both are resident of VillageNariyar Ward No. 3, P.S. and District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Saharsa Sadar (Mahila) P.S. Case No. 59 of 2016 registered under Sections 147, 148, 149, 498(A), 504 and 506 of the Indian Penal Code, 3⁄4 D.P. Act and 27 of the Arms Act. The accusation against the petitioners is of cruelty and torture for non-fulfillment of demand of dowry and also they tried to kill her through weapons.

Learned counsel appearing on behalf of the petitioners submits that petitioner no.1 is husband and petitioner no.2 is father-in-law. They have falsely been implicated in this case. It is also submitted that no one has sustained injury in this

Patna High Court Cr.Misc. No.51476 of 2016 (3) dt.18-01-2017 2/2 case.

Having considered the facts and circumstances of the case and nature of allegation, the prayer of the petitioner no 1, Rabin Kumar Yadav, husband of the informant, is hereby rejected. As far as prayer of petitioner no. 2, Hare Ram Yadav, (father-in-law) is concerned, he is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Saharsa in connection with Saharsa Sadar Mahila P.S. Case No. 59 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shail/- U T