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Patna High CourtCR. MISC./48455/2019bail granted

Bakhori Yadav v. The State Of Bihar

2019-11-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48455 of 2019 Arising Out of PS. Case No.-905 Year-2017 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== BAKHORI YADAV Son of Valmiki Yadav Resident of Village - Rehrapar, P.S.- Girichak, Distt - Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bindu Devi Wife of Bakhori Yadav Resident of Village - Rehrapar, P.O - Raitar, P.S.- Girichak, Distt - Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratyush Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner was granted provisional anticipatory bail by order dated 5.8.2019 by a co-ordinate Bench of this Court. 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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque

Patna High Court CR. MISC. No.48455 of 2019(3) dt.16-11-2019 2/2 Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, the provisional anticipatory bail granted to the petitioner by order dated 5.8.2019 stands confirmed, in connection with Complaint case No.905C of 2017, pending in the court of A.C.J.M. 1st, Biharsharif, Nalanda.

(Sudhir Singh, J) Narendra/- U T