Shyam Bind @ Shyam Babu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65726 of 2024 Arising Out of PS. Case No.-3 Year-2022 Thana- MAHILA P.S. District- Nalanda ====================================================== Shyam Bind @ Shyam Babu Bind S/O Late Baleshwar Bind Resident of Village- Chhathu Chak, P.S.-Gauri Chak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rekha Prasad For the Opposite Party/s :
Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 498(A), 494, 341, 323, 504/34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant was married with co-accused Udal Kumar on 19.04.2019 according to Hindu rituals at Hilsa Dham Mandir and it is alleged that due to non-fulfillment of additional demand of dowry, all the accused persons named in the F.I.R. committed torture with informant and after some time in the month of April, 2021, they ousted her from her matrimonial home. It is further alleged that thereafter, co-accused Udal Kumar performed second marriage
Patna High Court CR. MISC. No.65726 of 2024(3) dt.17-01-2025 2/3 with on Rika Kumari, who is daughter of this petitioner. This petitioner is alleged to have solemnized marriage of his daughter with informant's husband after knowing fully well that husband of informant is already married.
4. Learned counsel for the petitioner submits that petitioner has been made accused in this case merely because he happens to be father of second wife of co-accused Udal Kumar. Save & except this, there is no allegation against this petitioner either of demand of dowry or commission of torture to informant. Learned counsel for the petitioner further submits that husband of informant has already been granted bail by a coordinate Bench of this Court, vide order dated 16.05.2023 passed in Cr.Misc. No. 48895 of 2022 (Annexure P-3). Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nalanda in connection with
Patna High Court CR. MISC. No.65726 of 2024(3) dt.17-01-2025 3/3 Mahila P.S. Case No. 03 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T