Ramjee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75092 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Ramjee Yadav Son Of Late Dileshwar Yadav @ Late Dileshwar Yadav R/O Village- Punadih, P.S.- Magadh University, District- Gaya, Bihar ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 494/ 498(A) of the Indian Penal Code.

Prosecution case in nutshell is that informant was married to petitioner about 4 years ago. After sometime, petitioner started abusing and assaulting her. It is further alleged that petitioner along with other coaccused persons poured Kerosene on her body and ousted her from matrimonial house, due to non

Patna High Court CR. MISC. No.75092 of 2023(2) dt.01-12-2023 2/3 fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Earlier the petitioner was granted Anticipatory Bail by the learned Court below vide order dated 17.12.2020 by giving him the direction to give Rs. 4,000/- per month to the informant as maintenance. The informant with malafide intention moved an application for cancellation of bail of the petitioner staing that the petitioner is not complying with the condition of bail and hence his bail bond was canceled on 17.06.2022. It is further submitted that petitioner was ready to obey the condition of the bail and was willing to give the maintenance to the informant per month, however he insisted to deposit the same in the bank account of the informant but she did not provide any bank account. Then, petitioner deposited initial installment of payment before the Ld. Court of adjudication. Moreover, the petitioner is languishing in

Patna High Court CR. MISC. No.75092 of 2023(2) dt.01-12-2023 3/3 judicial custody since 20.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Magadh University P.S. Case No. 06 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T