Vijay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67950 of 2022 Arising Out of PS. Case No.-283 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

VIJAY KUMAR YADAV Son of Bundilal Ray R/v- Paigambarpur, P.S.- Saraiya, District- Muzaffarpur 2.

RAVI KUMAR @ RAVI KUMAR YADAV @ RAVI KANT KUMAR YADAV @ RAVI SHANKAR KUMAR Son of Vijay Kumar Yadav R/vPaigambarpur, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SARA Daughter of Ashok Kumar and wife of Rajiv Ranjan R/vLakshmipur, P.S.- Mufassil, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP.

Mr. Shashank Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 313, 328, 420, 467 and 498A of the Indian Penal Code, Section 3⁄4 of the Dowry Prohibition Act, Sections 22 and 23 of the PCPNDT Act and Section 27 of the Arms Act.

Allegedly, petitioners, along with other family members, are said to have tortured upon the informant physically and mentally over the dowry demand. They also assaulted the informant's father and threatened to kill him.

Patna High Court CR. MISC. No.67950 of 2022(2) dt.25-02-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no concern with the informant in terms of violence as the informant and petitioners live in different houses. Petitioners are distant relatives of the husband of the informant. The allegation made in the FIR against the accused persons including these petitioners is concocted and fabricated. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.67950 of 2022(2) dt.25-02-2023 3/3 connection with Muffasil P.S. Case No. 283 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T