Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43854 of 2019 Arising Out of PS. Case No.-3062 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== SANTOSH KUMAR YADAV, Son of Shivnath Rai @ Natho Rai Resident of Village-Haibatpur (Mohanpur), Police Station-Raghopur, District-Vaishali. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Pinki Devi W/o Santosh Kumar Yadav Resident of Village-Haibatpur (Mohanpur), Police Station-Raghopur, District-Vaishali at present resident of village-Nirampur, Police Station-Raghopur, District-Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 3062 of 2018 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. Case of the complainant-wife is that there was demand of Rs.3 lac and for that she was subjected to torture and assault and she was ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted, which will appear from the impugned order itself as she has appeared on notice before the learned Sessions Judge and herself has stated that she does not want to reside with the petitioner, rather she

Patna High Court CR. MISC. No.43854 of 2019(2) dt.17-07-2019 2/2 has married another person.

Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail stating that petitioner is not ready to keep her. In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Trial No. 2868 of 2019, arising out of Complaint Case No. 3062 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T