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Patna High CourtCR. MISC./1863/2019bail granted

Pappu Yadav @ Pappu Kumar Yadav v. The State Of Bihar

2019-02-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1863 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- MAHILA P.S District- Supaul ====================================================== Pappu Yadav @ Pappu Kumar Yadav Son of Baleshwar Yadav r/vKaushlipati, P.S. - Pipra, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Adv.

For the Informant : Mr. Karuna Kant Jha, Adv. For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Supaul Mahila P.S. Case No. 11/2018, registered for the offences punishable under Sections 498A, 494, 323, 504 and 506 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner (husband) along with other accused persons is of mental and physical torture upon the informant on account of non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. There is matrimonial dispute between the petitioner and the informant. Petitioner is ready to keep the

Patna High Court Cr.Misc. No.1863 of 2019(4) dt.08-02-2019 2/2 informant (wife) with full honour and dignity, but the informant does want to live with him.

Petitioner is in custody since 15.10.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case No. 11/2018, subject to the conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) vinita/- U T