Patna High CourtCR. MISC./45729/2017bail granted

Bijay Kumar Yadav v. State Of Bihar And ANR

2017-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45729 of 2017 Arising Out of PS.Case No. -241 Year- 2016 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Bijay Kumar Yadav Son of Basudeo Prasad Yadav, R/o VillageHathiondha, Bharhaiya Tola Gamail Road, P.S.- Bihariganj, DistrictMadhepura. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rubi Kumari W/o Bijay Kumar Yadav, R/o Village- Hathiondha, Bharhaiya Tola Gamail Road, P.S.- Bihariganj, District- Madhepura at present Residing at D/o Arun Kumar Yadav, Residing at Jyoti Bihar Sabour Road (Karuna Bhawan), P.O. Badurpur, P.S.- Zero Mael, District- Bhagalpkur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra, Advocate. For the State : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 241/2016 for the offences instituted under Sections 323, 325, 498(A), 504 of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.45729 of 2017 (2) dt.19-09-2017 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further 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. It has been submitted by learned counsel for the State that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 241/2016 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Udakishanganj, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U