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Patna High CourtCR. MISC./65495/2024bail granted

Babalu Yadav v. The State Of Bihar

2024-12-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65495 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== BABALU YADAV SON OF DUKHAI YADAV @ SHRI DUKHI YADAV R/O VILL.- TULAPATTI, P.S.- ALINAGAR, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR PATNA 2.

BABITA DEVI D/O SHRI RAMCHANDAR YADAV R/O VILL.- JAGVANI, P.S.- ALINAGAR, DISTRICT- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisu Zzoha For the Informant :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 199 of 2023 dated 28.08.2023 of the offences punishable u/ss 498A read with Section 34 of the Indian Penal Code and section 4 of the DP Act.

3. Earlier the petitioner was granted provisional bail vide order dated 24.09.2024 and learned counsel for the petitioner seeks confirmation of the provisional bail granted to

Patna High Court CR. MISC. No.65495 of 2024(3) dt.16-12-2024 2/3 the petitioner.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of Rs. one lakh as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is the husband of the complainant and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the complainant. Learned counsel has further submitted that the petitioner was earlier granted the provisional bail vide order dated 24.09.2024 by a Coordinate Bench of this court. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned counsel for the petitioner as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts, the provisional bail granted to the petitioner vide order dated 24.09.2024 is hereby confirmed in connection with Complaint Case No. 199 of 2023

Patna High Court CR. MISC. No.65495 of 2024(3) dt.16-12-2024 3/3 to the satisfaction of learned Court concerned, Benipur at Darbhanga.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T