Muktinath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73951 of 2019 Arising Out of PS. Case No.-424 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== MUKTINATH YADAV Son of Late Radhe Shyam Yadav Resident of Village - Sarkari Bangra, P.S. - Guthani, District - Siwan. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sunita Devi Wife of Muktinath Yadav Resident of Village - Sarkari Bangra, P.S. - Guthani, District - Siwan.

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Surendra Kumar For O.P. No. 2 :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner seeks bail in a case instituted for the offences under Sections 323, 498A, 324, 504/34 of the Indian Penal Code and Sections 3⁄4 of the 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 the petitioner is in custody since 11.9.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.73951 of 2019(5) dt.05-03-2020 2/2 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 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 and O.P. No. 2, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Complaint Case No. 424 of 2018, Trial No. 3500 of 2019.

(Sudhir Singh, J) Pankaj/- U T