Patna High CourtCR. MISC./2196/2018bail granted

Subhash Yadav @ Subash Yadav v. State Of Bihar And ANR

2018-01-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2196 of 2018 Arising Out of PS. Case No.-19 Year-2016 Thana- MAHILA PS District- Buxar ====================================================== Subhash Yadav @ Subash Yadav S/o Late Sudarshan Yadav, R/o VillageHudarahi, P.S.- Rajpur, District- Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Yadav W/o Subhash Yadav, R/o Village- Hudarahi, P.S.- Rajpur, District- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prabhu Narayan Sharma, Advocate For the State :

Mr. SUNIL KUMAR PANDEY, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner seeks bail in a case registered under Sections 341, 323, 504, 506, 498A, 420/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act and 27 of the Arms 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 is in custody since 14.11.2017 and 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 present case due to petty family dispute. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.2196 of 2018(2) dt.18-01-2018 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Buxar in connection with Buxar (Mahila) P.S. case No.19 of 2016.

(Sudhir Singh, J) Narendra/- U T