Sri Bhagwan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61330 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- ITARHI District- Buxar ====================================================== Sri Bhagwan Yadav, Male, aged about 65 years, son of Late Ramdeo Yadav, resident of village -Siktauna, Police Station- Itrahi, District- Buxar. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Prabhavati Devi, wife of Sirong Yadav, resident of village- Parmanpur, PSKoran Sarai, District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Ishwar Chandra, Advocate For the State : Mr. Harendra Prasad, Advocate For the Opposite Party No.2:
Ms. Dimpal Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
2. The petitioner apprehends arrest in connection with Itarhi PS Case No.143 of 2023 dated 09.06.2023, instituted under Sections 147, 149, 341, 323, 325, 504, 506 and 498-A of the Indian Penal Code.
3. The allegation against the petitioner is of demanding dowry, causing harassment and injury to victim as well as the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.61330 of 2023(4) dt.26-04-2024 2/3 case. Further submission is that the petitioner is the father-inlaw of the victim and he has no concern with day to day affairs of victim and her husband. He is an old person of 65 years. There is no injury report to show that victim or the informant has received any injury. It is further submitted that the husband of the victim, Arjun Yadav, has already been granted bail by this Court vide order dated 13.09.2023 passed in Cr. Misc. No.57968 of 2023. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail. However, it is admitted that husband has already been granted bail and the petitioner is the father-in-law of the victim.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Buxar, in Itarhi PS Case No.143 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
Patna High Court CR. MISC. No.61330 of 2023(4) dt.26-04-2024 3/3
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T