Bhuwal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64507 of 2019 Arising Out of PS. Case No.-81 Year-2017 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== BHUWAL YADAV, Son of Nanhku Yadav, age about 32 years, Male, R/o Village- Gamhariya, P.O. Kolhuwa, P.S.- Adhaura, District- Kaimur at Bhabua.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Tribhuwan Narayan, Advocate.

For the Opposite Party :

Mr.Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the bail petition in light of the supplementary affidavit filed on behalf of the petitioner, in course of the day.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in a case for the offence registered under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

Patna High Court CR. MISC. No.64507 of 2019(2) dt.17-10-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 19.08.2019. Charge sheet has been submitted in the present case. He 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 petitioner is the husband of the victim. The case is triable by the Magistrate. 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 counsels for the State and the informant, 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 Judicial Magistrate-1st Class, Kaimur at Bhabua, in connection with Adhoura P.S. Case No. 81 of 2017, Gr. No. 15298 of 2017. If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of

Patna High Court CR. MISC. No.64507 of 2019(2) dt.17-10-2019 3/3 reconciliation or one time settlement.

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