Allowed

Amit Kumar Yadav v. State Of Bihar and Anr.

Patna HC17 Oct 2017CR. MISC./50631/2017

Case brief

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What is this about?

In an anticipatory bail application under Section 438 CrPC filed in a dowry harassment case (IPC 498A/34, Dowry Prohibition Act), the Patna High Court granted bail upon surrender and furnishing of bail bonds with two sureties within six weeks, subject to statutory conditions.

What did the court decide?

Petitioner granted anticipatory bail upon surrender, furnishing bond of Rs. 10,000 with two sureties of like amount within six weeks.

Amit Kumar Yadav Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50631 of 2017

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Arising Out of PS. Case No.-79 Year-2016 Thana- MADHEPUR District- Madhubani

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======================================================

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Amit Kumar Yadav S/o Amar Nath Yadav, resident of village Bishanpur, P.S. Madhepur, District Madhubani

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... ... Petitioner/s

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Versus

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State Of Bihar

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Mithu Devi w/o Amit Kumar Yadav, resident of village Bishanpur, P.S. Madhepur, District Madhubani, at present Mithu Devi D/o Bharat Yadav, resident of village Bishanpur, P.S. Madhepur, District Madhubani

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : SMT. MEENA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

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Patna High Court Cr.Misc. No.50631 of 2017(2) dt.17-10-2017 2/2

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petitioner has 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.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, 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 A.C.J.M., Jhanjharpur, Madhubani in connection with Madhepur P.S. case No.79 of 2016 corresponding to G.R. No.1758 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Narendra/-

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U T

Amit Kumar Yadav v. State Of Bihar and Anr.

Case brief

What is this about?

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Amit Kumar Yadav v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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