Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57968 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- ITARHI District- Buxar ====================================================== Arjun Yadav, male, aged about 35 years, S/o Sri Bhagwan Yadav, Resident of Village- Siktauna, Police Station- Itrahi, District- Buxar. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rana Ishwar Chandra, Advocate For the Opposite Party :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Itarhi P.S. Case No. 143 of 2023 dated 09.06.2023, instituted for the offence punishable under Sections 147, 149, 341, 323, 325, 504, 506 & 498(A) of the Indian Penal Code.

3. The petitioner is named accused in the F.I.R. along with other four co-accused. The specific allegation against the petitioner is regarding dowry demand, causing harassment to victim and to cause injury to informant and victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The entire allegations levelled against the petitioner is false and concocted. It is further submitted that the first wife of

Patna High Court CR. MISC. No.57968 of 2023(2) dt.13-09-2023 2/3 the petitioner, namely, Lalita Devi gave birth of twin male child on 13.08.2020 but unfortunately, due to illness, she died on 16.09.2020 thereafter, one child also died and only one child became motherless. For proper care of the said child, on 18.10.2021, the petitioner married with Durga Devi (daughter of the informant) and after marriage, Durga Devi always used to go her maternal house and time to time demanded money from the petitioner which was sent through cheque and pay phone. It is further submitted that the greedy eye of the informant was on the property of the petitioner. Further, on 08.12.

2022, the informant along with her son, namely, Sawaru Kumar came to the house of the petitioner in his absence and all ornaments, cloths amounting to three lacs and cash of Rs. 50,000/- had been taken from the house of the petitioner. Thereafter, the petitioner got information about the said occurrence by the neighbour, he talked to the informant through telephone then she threatened him to kill. Further, on 10.12.2022, again a call was made from the Mob. No. 9608931106 on petitioner's mobile no. 7634020621 by a person and threatened that he will ruin the petitioner and his family due to which, the petitioner lodged the information petition on 20.12.2022 before the learned Chief Judicial Magistrate, Buxar (Annexure-'2').

Patna High Court CR. MISC. No.57968 of 2023(2) dt.13-09-2023 3/3 submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Itarhi P.S. Case No. 143 of 2023, he shall be released on anticipatory 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 Buxar, subject to conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Khatim Reza, J) Gaurav Kumar/- U T