Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.483 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Ganesh Yadav, son of Late Bindeshwari Yadav Resident of Village - Shrinagar, P.S. - Shrinagar, District - Madhepura. .... .... Petitioner

Versus

1. The State of Bihar

2. Amrita Devi, daughter of Jagdish Prasad Yadav, resident of village Belsara, P.S. Raniganj, District Araria.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mahila (Madhepura) P.S.Case No. 49 of 2016 registered for the offences punishable under Sections 341, 323, 379, 498A, 504/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. Petitioner is husband.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated and, as a matter of fact, she has illicit relation with another person and he is in custody for more than eight months.

Heard learned APP also.

From perusal of record it appears that earlier notice

Patna High Court Cr.Misc. No.483 of 2017 (5) dt.14-07-2017 2/3 was issued to opposite party No.2 and from the service report it appears that she refused to receive notice.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, 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, Madhepura, in connection with Mahila (Madhepura) P.S.Case No. 49 of 2016, G.R.No. 1114 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

Learned trial court is further directed to expedite the trial and try to conclude it within nine months and if petitioner is not

Patna High Court Cr.Misc. No.483 of 2017 (5) dt.14-07-2017 3/3 cooperating in disposal of trial, his bail bond shall be cancelled by the trial court.

(Vinod Kumar Sinha, J) spal/- U