Hari Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55474 of 2022 Arising Out of PS. Case No.-103 Year-2020 Thana- MAHILA P.S. District- Madhubani ====================================================== HARI NARAYAN YADAV Son of Rajawendra Yadav Resident of village - Aurahi, P.S.- Babubarhi, District - Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gita Devi Wife of Hari Narayan Yadav D/o Sri Ram Prakash Yadav, Resident of village - Aurahi, P.S.- Babubarhi, District - Madhubani At present Resident of village - Begulwa, P.S.- Ladaniya, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the State :
Mr. Shantnu Kumar, Advocate For the iNformant :
Mr. Ugranath Mallik, Advocate Mr. Sanjay Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 , 341 , 498(A), 313/34 of the I. P . C . and u/s Section 3⁄4 of the Dowry Prohibition Act.
3. It is alleged that after death of first husband of victim, she solemnized marriage with this petitioner but after one year of marriage she was tortured and harassed for nonfulfillment of demand of dowry by the petitioner.
4. It is submitted that petitioner has never solemnized
Patna High Court CR. MISC. No.55474 of 2022(5) dt.29-08-2023 2/2 marriage with the victim as alleged in the prosecution . Only to grab money and property of the petitioner, this false and fabricated case has been lodged. Rest of the allegation is ornamental against the petitioner. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he solemnized marriage with the victim and committed torture and harassment for demand of dowry .
6. Considering the nature of accusation and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T