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Patna High CourtCR. MISC./62252/2019bail granted

Amit Kumar Yadav v. The State Of Bihar

2019-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62252 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== AMIT KUMAR YADAV, aged about 30 years, Gender-Male, Son of Late Suresh Prasad Yadav, Resident of Village-Baburahi, P.S.-Sahebpur Kamal, District-Begusarai.

... ... Petitioner

Versus

1.

The State Of Bihar.

2.

Deji Devi, Wife of Amit Kumar Yadav, Resident of Village-Baburahi, P.SSahebpur Kamal, District-Begusarai. Present address D/o Awadhesh Prasad Yadav, At P.O-Baank, P.S-Muffasil Munger, District-Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Kumar Binode Bariar, Advocate.

For the State :

Mr.Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 307, 328, 498(A), 323, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that on 20.04.2019 at about 6.30 P.M., the petitioner Amit Kumar Yadav, who is the husband of the informant, came at the house of the informant alongwith his brother-in-law Chandan Kumar and demanded RS. 1,000/- from her and when she refused to give the same, they abused her and beaten her and also threatened her teach a lesson. It is further alleged that thereafter when she had taken her meal, she felt drowsiness and became unconscious and she

Patna High Court CR. MISC. No.62252 of 2019(2) dt.17-10-2019 2/2 had expressed her suspicion that the petitioner and his brotherin-law had mixed some poisonous substance in her food. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 06.08.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. There is no medical examination report in respect of offence under Sections 307 and 328 of the IPC. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. 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 A.C.J.M.- VII, Begusarai, in connection with S.Kamal P.S. Case No. 132 of 2019.

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