Shankar Singh Yadav @ Shankar Dayal Yadav @ Charan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47986 of 2018 Arising Out of PS. Case No.-1147 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ====================================================== Shankar Singh Yadav @ Shankar Dayal Yadav @ Charan Singh S/o Hiralal Singh Yadav, R/o Vill.- Bhatwaliya, P.S.- Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi W/o Shankar Singh Yadav @ Shankar Dayal Yadav @ Charan Singh, R/o Vill.- Bhatwaliya, P.S.- Kudra, District- Kaimur at Bhabua, at present reside With her Father namely Dina Nath Yadav, R/o Vill.- Marahiya, P.S.- Durgawati, District- Kaimur at Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 494, 498A, 323, 341, 504 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that 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. The case is triable by the Magistrate. The petitioner has relied upon the judgment of

Patna High Court Cr.Misc. No.47986 of 2018(2) dt.06-08-2018 2/2 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 State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Kaimur at Bhabua in connection with Bhabua Complaint case No.1147 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T