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Patna High CourtCR. MISC./43747/2019bail granted

Rakesh Yadav @ Rakesh Kumar v. The State Of Bihar

2019-07-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43747 of 2019 Arising Out of PS. Case No.-117 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rakesh Yadav @ Rakesh Kumar Son of Balchand Yadav @ Balchandra Yadav Resident of Village - Jhari Bigha, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Devi D/O - Sunil Yadav and Wife of Rakesh Yadav @ Rakesh Kumar Maika Village - Saidpur, P.S.- Khizersarai, District- Gaya. Sasural at Village - Jhari Bhgha, P.S.- Atri, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 323 and 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 is in custody since 4.4.2019 and 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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this

Patna High Court CR. MISC. No.43747 of 2019(2) dt.16-07-2019 2/2 Court in the case 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/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Complaint case No.117 of 2017.

(Sudhir Singh, J) Narendra/- U T