Patna High CourtCR. MISC./40688/2017bail granted

Shankar Yadav v. State Of Bihar And ANR

2017-08-25Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.40688 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40688 of 2017 Arising Out of PS.Case No. -957 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Shankar Yadav Son of Ramdeo Yadav, R/o Village- Sanjhauti, P.S.- Alauli, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Karuna Devi W/o Shankar Yadav, D/o Jaksu Yadav, At present residing at Village- Hardia Purnwas, P.O.- Balha Bazar, P.S.- Chauthan, DistrictKhagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498(A) 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 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 due to

Patna High Court Cr.Misc. No.40688 of 2017 (2) dt.25-08-2017 petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Complaint case No.957C of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T