Shayambaran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40448 of 2020 Arising Out of PS. Case No.-557 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== SHAYAMBARAN YADAV, son of Ganesh Yadav Resident of VillageBhatoria, P.S. Madhusudanpur, District- Bhagalpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 28.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Nath Nagar (Madhusudanpur) P.S. Case no. 557 of 2019, registered under Sections 376 and 511 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act. The accusation is that marriage of informant was settled with the petitioner Shayambaran Yadav, son of Ganesh Yadav, resident of village-Bhatoria, P.S. Madhusudanpur, District-Bhagalpur in between 25.09.2019 to 25.10.2019, but,

Patna High Court CR. MISC. No.40448 of 2020(2) dt.22-07-2021 2/3 thereafter, without performing marriage, the petitioner made attempt to accompany her at several places and tried to develop physical relation with her and, lastly, the petitioner refused to perform marriage with the informant, while Panchayati was arranged and demand of dowry of Rs. Five Lakh was made for performing the marriage.

Learned counsel for the petitioner submits that, in fact, father of the petitioner talked to father of informant with regard to performing marriage of informant and petitioner, but, due to some reasons, marriage could not be solemnized and only to give undue pressure, Ranjan Yadav, father of informant, filed Complaint Case No. 580 of 2019 in the Court of Chief Judicial Magistrate, Bhagalpur and the informant, herself, filed the present case only to harass the petitioner. Moreso, later on, the matter was pacified and a compromise petition has been filed by the informant and her parents in the Court of learned C.J.M.-I, Bhagalpur on 03.03.2020, which would appear from Annexure-3.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.40448 of 2020(2) dt.22-07-2021 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 557 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T