Anil Yadav @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64467 of 2024 Arising Out of PS. Case No.-123 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== Anil Yadav @ Anil Kumar Son of Maheshwar Yadav Resident of Village -Mathurapur, P.S -Noorsarai, District- Nalanda ,Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sukanya Kumari @ Simpi D/o Late Rajesh Kumar R/o of Village- Milkipar, P.S- Rahui, Dist- Nalanda, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-10-2024 Heard Mr. Raj Kishor Prasad, learned counsel for the Petitioner and Mrs. Sangeeta Sharma, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No. 123 of 2021 dated 16.04.2021 registered for the offences punishable under Sections 341, 323, 379, 308, 498(A) read with Section 34 of the Indian Penal Code and later on Sections 3/4 of the Dowry Prohibition Act were added.
3. The main submissions advanced by the learned counsel appearing for the petitioner are that the O.P. No.2 who happens to be the wife of this petitioner does not appear before
Patna High Court CR. MISC. No.64467 of 2024(3) dt.25-10-2024 2/3 this Court despite notice sent through registered post having received by her and in actual, the O.P. No. 2 did not like the petitioner and she had love affair with another person and she was forcibly married to this petitioner by her family members and in this regard, she has given her statement on non-judicial Stamp Paper in the presence of several persons and the same has been filed as Annexure-2 and the informant herself does not want to live in the company of this petitioner. It is further submitted that the other co-accused persons have been granted anticipatory bail by this Bench vide order dated 20.08.2024 passed in Cr. Misc. No. 48897 of 2024 and the case of this petitioner stands on similar footing with the said co-accused persons.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly the completion of investigation against this petitioner, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Patna High Court CR. MISC. No.64467 of 2024(3) dt.25-10-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Noorsarai P.S. Case No. 123 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) maynaz/- U T