Lalan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47937 of 2025 Arising Out of PS. Case No.-99 Year-2022 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Lalan Yadav, son of Panjabi Yadav, Resident of village - Chandanpura, P.S.- Surajgarha, District - Lakhisarai.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Basanti Devi, Wife of Lalan Yadav, D/o Kishori Yadav, Resident of Village - Itahari, P.S.- Kiul, District - Lakhisarai.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate.
For the State :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 99(C) of 2022 dated 7.3.2022 filed for the offences punishable under Sections 147, 341, 323, 498-A, 504, 506 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, but cognizance has been taken under Section 498-A of the Indian Penal Code.
3. As per allegation, subsequent to the marriage, demand of additional dowry of Rs.2.5 lacs, Motorcycle and gold ornament started and on account of non-fulfillment of the same, the Complainant/wife has been subjected to cruelty by the petitioner and his family members. It is also alleged that petitioner and his family members came to the parent's house of
Patna High Court CR. MISC. No.47937 of 2025(2) dt.30-07-2025 2/3 the Complainant and told that they will keep her only when she will pay additional dowry, otherwise, the petitioner will remarry. At present the Complainant is living at her parental home along with her two minor children.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation of demand of dowry. He also submits that as a matter of fact, there is some trouble in the working of the marriage on account of normal wear and tear of the married life. The petitioner is willing to keep his wife and the present case is false. He also submits that the maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.47937 of 2025(2) dt.30-07-2025 3/3 to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Complaint Case No. 99 of 2022, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T