Birendra Yadav @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84600 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- GOPALPUR District- Patna ====================================================== BIRENDRA YADAV @ BIRENDRA KUMAR Son of Sri Chandradeo Yadav, Resident of Village - Bairiya, P.S.- Gopalpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Kumari Daughter of Satendra Singh, Resident of Village - Bikrampur, P.S.- Fatuha, District - Patna.

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Gopalpur P.S. Case No.244 of 2019 registered under Sections 498(A) and 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

The informant alleged that she was married with the petitioner in the year 2015 and got a child. Her husband and other in-laws began to demand dowry and started subjecting her to physical and mental torture.

Learned counsel for the petitioner submits that the petitioner is a physically disabled. The informant herself disclosed in the F.I.R. that one year ago she left the house of her husband with her son and she filed a case only because the

Patna High Court CR. MISC. No.84600 of 2019(4) dt.18-06-2020 2/2 sister-in-law of the informant threatened her to get the petitioner married. It is further submitted that the entire allegation is false and concocted.

Learned A.P.P., however, opposed the prayer for anticipatory bail.

Perused the F.I.R. It appears from the F.I.R. itself that the informant left the house of the petitioner one year ago but she did not lodge the case immediately after deserting the house of the husband. She lodged the case only when her sister-in-law threatened her to get her husband again married. Having considered the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Patna in connection with Gopalpur P.S. Case No.244 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T