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Patna High CourtCR. MISC./44443/2018bail granted

Anil Yadav @ Anil Kumar Yadav v. State Of Bihar And ANR

2018-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44443 of 2018 Arising Out of PS. Case No.-285 Year-2017 Thana- RIVILGANJ District- Saran ====================================================== Anil Yadav @ Anil Kumar Yadav, Son of Baijnath Yadav, resident of Village- Goreya Chhapra, Police Station- Revelganj, District- Saran (Chapra). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi, Wife of Anil Yadav @ Anil Kumar Yadav, daughter of Deo Narayan Rai, Resident of Village- Goreya Chhapra, Police StationRevelganj, District- Saran (Chapra), at present residing at Mohalla- Chhota Telpa, Police Station Chapra Town, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498A and 379 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.44443 of 2018(2) dt.24-07-2018 2/2 present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIII, Chapra, Saran, in connection with Revelganj P.S. Case No. 285/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T