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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74915 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== AMIT YADAV @ AMIT KUMAR YADAV Son of Dayanand Yadav Resident of Village - Raghunathpur, P.S. - Sahebpur Kamal, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Khushbu Devi Daughter of Ashok Yadav Resident of Village - Muleri, P.S. - Beldaur, District - Khagaria.

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of torturing the Informant along with FIR named accused for non fulfillment of demand of motorcycle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The allegation against the petitioner of torture for non fulfillment of demand of motorcycle is false. This case has been filed by the informant in retaliation of Divorce Case No. 34 of 2019 only to

Patna High Court CR. MISC. No.74915 of 2019(2) dt.11-12-2019 2/2 harass the petitioner. Petitioner has got no criminal antecedent and is in custody since 21.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. Kamal P.S. Case No. 10 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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.

(3) 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) ranjan/- U