Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2096 of 2024 Arising Out of PS. Case No.-633 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Amit Yadav Son of Sri Shyam Narayan Yadav @ Jag Narayan Yadav R/o vill - Pakdihar, P.S. - Mohania, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Mohania P.S. Case No. 633 of 2023 dated 03.09.2023 registered for the offences punishable u/s 341, 323, 307, 504, 498A read with section 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner neither demanded any dowry nor tortured the

Patna High Court CR. MISC. No.2096 of 2024(2) dt.15-02-2024 2/2 informant. Learned counsel has further submitted that the petitioner is the brother-in-law (devar) of the informant and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Mohania in connection with Mohania P.S. Case No. 633 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T