Patna High CourtCR. MISC./67677/2018bail granted

Dukhaharan Yadav And ORS v. State Of Bihar And ANR

2018-11-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67677 of 2018 Arising Out of PS. Case No.-237 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ======================================================

1. Dukhaharan Yadav Son of Late Ramsaran Yadav.

2. Ajeet Kumar, Son of Dukhaharan Yadav.

3. Prem Shila Devi, W/o Dukhaharan Yadav. All Resident of Village- Rahua, P.S. Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Kumari, D/o Yogendra Prasad Yadav, Resident of Village- Rahua, P.S. Sahebpur Kamal, District- Begusarai.

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 493, 494, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.67677 of 2018(2) dt.19-11-2018 2/2 petitioners have 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, it is submitted that the petitioners is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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 Additional Chief Judicial Magistrate-V, Begusarai in connection with Sahebpur Kamal P.S. case No.237 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T