Nitin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57964 of 2024 Arising Out of PS. Case No.-662 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Nitin Yadav Son of Bhola Nath Yadav R/O Vill.- Parsahata, P.O.- Higuntargarh, P.S.- Dhanapur, Dist.- Chandauli, State- Uttar Pradesh. At Present Village/ Mohalla- Shanti Nagar, Piswali Road, Parsuram Kirana Store, Nawal, P.O.- Dwarali Kalyan, P.S.- East Thane, State- Maharashtra. ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Kumari Ankita Wife of Nitin Yadav, Daughter of Aash Pujan Singh R/O Vill.- Parsahata, P.O.- Higuntargarh, P.S.- Dhanapur, Dist.- Chandauli, StateUttar Pradesh. At Present Village/ Mohalla- Shanti Nagar, Piswali Road, Parsuram Kirana Store, Nawal, P.O.- Dwarali Kalyan, P.S.- East Thane, State- Maharashtra. At Present Vill.- Shahpur, P.S.- Dawath, Dist.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Upadhyay, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-03-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 662 of 2023 for the offence under Sections 498A I.P.C. and 3 / 4 of Dowry Prohibition Act.
3. As per the prosecution story, complainant is the wife of petitioner. Her marriage was solemnized as per Hindu rites and customs. After marriage the petitioner and his family members started torturing her in various ways due to non fulfillment of additional dowry demand.
Patna High Court CR. MISC. No.57964 of 2024(4) dt.18-03-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. No any occurrence has ever been taken place as alleged by the complainant.
5. Learned APP opposes the prayer of anticipatory bail.
6. During course of argument learned counsel for the petitioner further submits that petitioner is ready to pay Rs. 5,000/- per month as maintenance to his wife, who is complainant in this case to show the bona-fide conduct of the petitioner. The above amount of maintenance will be adjusted in any future allowances awarded by any competent Court. Two months advance amount will be paid at the time of filing bail bond. He also submits that petitioner is ready to file an affidavit in trail court regarding above payment.
7. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate - 1,
Patna High Court CR. MISC. No.57964 of 2024(4) dt.18-03-2025 3/3 Bikramganj, Rohtas in connection with Complaint Case No. 662 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) prabhakar/- U T