Allowed

Mohan Yadav @ Mohan Kumar Yadav v. State Of Bihar and Anr.

Patna HC26 Feb 2018CR. MISC./10784/2018

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a Section 498A IPC case, allowing his release if he surrenders or is arrested within six weeks, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted subject to a bond of Rs. 10,000 with two sureties, surrender or arrest within six weeks, and conditions of Section 438(2) CrPC.

Mohan Yadav @ Mohan Kumar Yadav Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.10784 of 2018

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

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Mohan Yadav @ Mohan Kumar Yadav, S/o Late Gurudeo Yadav, R/o Village- Gobargaddha, P.S. & District- Saharsa.

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.... .... Petitioner

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Versus

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The State of Bihar.

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Chunni Devi, W/o Mohan Yadav, D/o Suresh Yadav, R/o VillageJalay, P.S.- Saur Bazar, District- Saharsa.

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.... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar Singh, Advocate. For the State : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 26-02-2018 Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC.

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The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

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It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the 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

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Patna High Court Cr.Misc. No.10784 of 2018 (2) dt.26-02-2018

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2/2

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Magistrate. The petitioner has further 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned S.D.J.M. Saharsa, in connection with Complaint Case No. 1422C of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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U.K./U T

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(Sudhir Singh, J)

Mohan Yadav @ Mohan Kumar Yadav v. State Of Bihar and Anr.

Case brief

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Mohan Yadav @ Mohan Kumar Yadav v. State Of Bihar and Anr.

Case brief

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