Sumit Yadav @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72599 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- MAHILA PS District- Khagaria ====================================================== Sumit Yadav @ Sumit Kumar S/O Rajo Yadav @ Rajkumar Yadav R/O Village- Beldaur, Ward No. 6, P.S- Beldaur, Distt.- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

LAKSHMI DEVI D/O BINDESHWARI YADAV R/O VILLAGEBELDAUR, P.S- BELDAUR, DISTT.- KHAGARIA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 498(A), 323,34 of the Indian Penal Code and section 3/4 of the Dowry Act. As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the informant and they tried to kill her due to which Beldaur PS Case No. 120 of 2021 was lodged and petitioner was granted anticipatory bail in that case with condition that he will keep his wife with full honour and dignity. It is further alleged that after granting anticipatory bail petitioner took her to her sasuran and forced her to withdraw the case.

Patna High Court CR. MISC. No.72599 of 2023(2) dt.28-11-2023 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant and has been falsely implicated in this case. Petitioner is husband of the informant and out of their wedlock there are three children, who are living with the petitioner till date. In fact, informant does not want to lead the conjugal life with the petitioner. It is further submitted by learned counsel for the petitioner that petitioner is still ready to keep his wife with full honour and dignity He is languishing in judicial custody since 24.6.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st, Khagaria in connection with Khagaria mahila PS Case No. 26 of 2023.

(Sunil Kumar Panwar, J) sushma/- U