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Patna High CourtCR. MISC./74003/2019allowed

Mithlesh Kumar Singh Yadav @ Mithlesh Kumar Yadav v. The State Of Bihar

2020-02-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74003 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MITHLESH KUMAR SINGH YADAV @ MITHLESH KUMAR YADAV Son of Ram Nath Yadav Resident of Sohni Patti, Ward No. 33, P.S.- Buxar, District- Buxar ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Vandana Kumari D/o - Shri Garjan Prasad Singh Resident of Village - Bhagatganj, P.S.- Dinara, District- Rohtas, At present Resident of Mohalla - Premchand Path, Gaurakashni, P.S.- Sasaram, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 162 of 2018 for the offence punishable under Section 4 of the Dowry Prohibition Act. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the complaint petition has been filed against altogether twelve person but the police submitted charge-sheet against one Ashok Kumar Singh and has also submitted final form against the rest of the co-accused, which is evident from Annexure-2. As a matter of fact, the petitioner happens to be

Patna High Court CR. MISC. No.74003 of 2019(2) dt.04-02-2020 2/2 husband of the complainant and he has filed a matrimonial case against the complainant for ill behavior and her adultery as she has illicit relation with another person, which is evident from Annexure-4. Moreover, the complainant used to live with one Ashok Kumar Singh and against whom charge-sheet has also been filed, which is evident from Annexure-3. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of four weeks be released 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 S.D.J.M., Rohtas, Sasaram in connection with Complaint Case No. 162 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T