Pappu Kumar @ Pappu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7434 of 2017 Arising Out of PS.Case No. -175 Year- 2014 Thana -KHIJARSARAI District- GAYA ====================================================== Pappu Kumar @ Pappu Yadav, son of Ramadhin Yadav, resident of Village- Akauni, Police Station- Khizer Sarai, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Punam Devi, Daughter of Deonandan Yadav, resident of VillageJagdishpur, Police Station- Khizer Sarai and District- Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No-2, Advocate. For the State : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Khizer Sarai P.S. Case No. 175 of 2014 for the offences instituted under Sections 341, 323, 498(A), 504/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the informant was married with this petitioner in the year 2010. Thereafter, she went to her Sasural and lived peacefully there. After sometime, the accused persons including the petitioner demanded cash Rs. 1,00,000/-, golden chain and a motorcycle and on non-fulfilment of the same, she was subjected to cruelty and on 15.07.2014 all the

Patna High Court Cr.Misc. No.7434 of 2017 (3) dt.03-03-2017 2/3 accused persons in the mid night, tried to kill her by pressing her neck but on hulla, the villagers arrived and she was saved. Thereafter, a panchayati was held in which the accused persons assured to keep her well but their atrocities continued upon her and on 11.09.2014 at about 5.00 P.M., the accused persons ousted her from the house due to non-fulfilment of aforesaid dowry demand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. On perusal of Annexure-2, it is evident that the informant has filed a petition in the court below stating that she does not want to stay with the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Khizar Sarai P.S. Case No. 175/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.7434 of 2017 (3) dt.03-03-2017 3/3 satisfaction of the learned S.D.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T