Kamal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8194 of 2018 Arising Out of PS.Case No. -92 Year- 2017 Thana -SONO District- JAMUI ======================================================

1. Kamal Yadav S/o Kuli Yadav, R/o village- Bhurha, P.S.- Sono, DistrictJamui. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections- 342, 366, 498/379/ 354(B), 506/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. In para-102, an independent witness in course of investigation has very categorically stated that the

Patna High Court Cr.Misc. No.8194 of 2018 (3) dt.21-03-2018 informant had love affairs with this petitioner. On behalf of the State and the counsel for the informant, it has been submitted that the victim girl has been examined under Section-164 of the Cr.P.C. and she has supported the allegation made in the FIR.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected.

Anyhow, if the petitioner surrenders in the court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V./- U T