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Patna High CourtCR. MISC./28859/2015bail granted

Shibu Prasad Yadav @ Shibu Kumar Yadav v. State Of Bihar And ANR

2015-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28859 of 2015 Arising Out of PS.Case No. -1994 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Shibu Prasad Yadav @ Shibu Kumar Yadav S/o Ram Prasad Yadav Resident of Village - Barki Pali, P.S. - Narahat, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dibya Bharti D/o Taneshwar Yadav R/v Mahadeo Bigha P.S. Nardiganj Dist Nawada.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 406, 498 (A) and 323 of the I.P.C and section 3⁄4 of Dowry Prohibition Act, but cognizance has been taken only u/s 498 (A) I.P.C.

The prosecution story, in brief, is that the complainant married with the petitioner according to Hindu rites in which cash of Rs. 1.5 lakhs and other articles were given as dowry and on the occasion of second marriage house hold articles worth Rs. 75,000/- was given but they were demanded more. It is further alleged that the accused persons sprinkled K.Oil to kill the

Patna High Court Cr.Misc. No.28859 of 2015 (2) dt.24-07-2015 2/2 informant and her belonging was snatched away and ousted her from the matrimonial house.

It is submitted on behalf of the petitioner that the petitioner is not in a position to keep the complainant with him due to her unusual behaviour with him. It is further submitted that the petitioner is ready to deposit the amount of Rs. 1500/- per month in the court below which shall be released in favour of the complainant.

On behalf of the State and the Informant, it has been submitted that the petitioner is named in the FIR. Considering the aforesaid facts and circumstances, on depositing Rs. 1500/- per month by the petitioner in the court below the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Nawada in Complaint Case No. 1994 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Sudhir Singh, J) Abhay/- U T