Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73786 of 2022 Arising Out of PS. Case No.-407 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== 1.

SURESH YADAV SON OF LATE MEHNAR YADAV R/O VILLAGEPATKHAULI WARD NO.1, P.S.- KUMARBAGH, O.P., DISTRICT- WEST CHAMPARAN 2.

SOHAGIN DEVI @ BATASHA DEVI WIFE OF SURESH YADAV R/O VILLAGE- PATKHAULI WARD NO.1, P.S.- KUMARBAGH, O.P., DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered under sections 323, 324, 307, 498(A) of the IPC and sections 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry and to oust the victim out of matrimonial house.

It is submitted by learned counsel for the petitioners that petitioners are innocent persons and have committed no offence. Petitioners have never made any dowry demand and have been falsely implicated in the present case due to grudge. Petitioners are the father-in-law and mother-in-law of the informant and

Patna High Court CR. MISC. No.73786 of 2022(2) dt.23-03-2023 2/2 they have no concern with the matrimonial life of the informant as they are living separately. There is no specific overt act against them. The petitioners have 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.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chanpatia (Kumarbagh O.P.) No.407 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T