Patna High CourtCR. MISC./58834/2017bail granted

Mukesh Kumar Yadav @ Mukesh Kumar v. State Of Bihar And ANR

2017-12-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58834 of 2017 Arising Out of PS.Case No. -447 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== MUKESH KUMAR YADAV @ MUKESH KUMAR S/o Surendra Prasad Yadav, R/o Village- Amba Ojha Tola, P.S.- Piparahi, Distt.- Sheohar. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anita Kumari W/o Makeshk Kumar Yadav D/o Baidhyanath Rai, R/o Village- Kharka P.S. and District- Sitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Virendra Kumar, Advocate. For the State : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.07.2017 in a case for the offence registered under Sections 307, 498(A)/34 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.58834 of 2017 (2) dt.11-12-2017 2/2 petitioner is husband of sister of informant. There is no injury report to support the allegation made in the F.I.R. 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 counsel for the State, 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 C.J.M. Sitamarhi in connection with Sitamarhi P.S. Case No. 447 of 2017. U.K./- (Sudhir Singh, J) U T