Brij Bhushan Kr. Yadav @ Braj Bhushan Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56455 of 2017 Arising Out of PS.Case No. -844 Year- 2017 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Brij Bhushan Kr. Yadav @ Braj Bhushan Yadav, son of Late Kapildeo Yadav, Resident of Village- Gosai Manjha, Police Station- Phulwariya, District- Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Manisha Devi, wife of Brij Bhushan Kr. Yadav @ Braj Bhushan Yadav, Resident of Village- Gosai Manjha, Police Station- Phulwariya, DistrictGopalganj, presently residing at C/o Dokhtar Osihar Yadav @ Osihar Chaudhary, Village- Fatehpur, P.S.- Mirganj, District- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ram Binod Singh, Advocate. For the State : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 341, 498(A), 406 of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.56455 of 2017 (2) dt.27-11-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. 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, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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. XIIIth, Gopalganj, in connection with C. Case No. 844 of 2017 (Tr. No. 2320 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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