Petitioner seeking anticipatory bail in a dowry torture case. Court granted bail upon surrender within six weeks with bond and two sureties.
Anticipatory bail granted upon surrender within six weeks, bond of Rs. 10,000, and two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67110 of 2018
Arising Out of PS.Case No. -617 Year- 2017 Thana -COMPLAINT CASE District- ARRARIA
====================================================== Upendra Yadav, S/o Late Sukdeo Yadav, R/o Village- Raghunathpur South, Ward No.2, P.S.- Bhargama, District- Araria.
.... .... Petitioner
Versus
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioner : Mr. Kundan Kumar Singh, Advocate. For the State : Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and ¾ of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.
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
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case due to petty family dispute. The case is triable by the 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.
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.
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. Araria, in connection with Bhargama Complaint Case No. 617 (C) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
U.K./U T
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶19
2006(3) PLJR 182
2 provisions across 2 enactments
Upendra Yadav
The State of Bihar
Sulekha Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
