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Patna High CourtCR. MISC./57249/2019bail granted

Dinesh Yadav v. The State Of Bihar

2019-09-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57249 of 2019 Arising Out of PS. Case No.-519 Year-2013 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DINESH YADAV, aged about 45 years (M), Son of Late Baleshwar Yadav, Resident of Village-Danauli Fulwariya, P.S.-Baliya, District-Begusarai. ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Rekha Devi, Wife of Sri Dinesh Yadav, Resident of Village-Danauli Fulwariya, P.S-Baliya, District-Begusarai.

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

For the Petitioner :

Mr.Amit Kumar Anand, Advocate.

For the State :

Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.

For the Informant : Mr. Sandip Kumar Gautam, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner seeks bail in a case for the offence registered under Sections 498(A), 323, 504 of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the complainant Rekha Devi is subjected to torture mentally and physically by the petitioner-husband and others who are named in complaint petition for non-fulfilment of Motorcycle, colour T.V. and cash of Rs. 50,000/-.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.57249 of 2019(2) dt.11-09-2019 2/2 petitioner that the petitioner is languishing in custody since 22.06.2019. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. 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. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned S.D.J.M. Begusarai, in connection with Complaint Case No. 519C of 2013.

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