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Patna High CourtCR. MISC./85391/2019bail granted

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

2020-01-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85391 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== Shivraj Yadav @ Shivraj Kumar Yadav, Male, aged about 26 years, Son of Harendra Yadav, Resident of Village-Jagdhar, Police Station-Palanwa, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 323, 504, 406, 494, 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Informant has alleged in her written complaint that marriage with petitioner was solemnized in the year, 2013 and from said wedlock two daughters were born and thereafter she is being subjected to torture for non-fulfillment of demand of dowry of one buffalo and Rs. 01 lac.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court CR. MISC. No.85391 of 2019(2) dt.07-01-2020 2/2 falsely implicated in this case due to family dispute and allegations are false and concocted. He is in custody since 21.11.2019 having no criminal antecedent.

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/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Raxual at Motihari, East Champaran, in connection with Mahila P.S. Case No. 48 of 2018, subject to 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 represented on each and every date fixed by the court.

(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) Rajiv/- U T