Allowed

Santosh Yadav @ Santosh Kumar Yadav and Ors. v. The State of Bihar and Anr.

Patna HC15 Jul 2019CR. MISC./5205/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitioners in a complaint case involving IPC offences and dowry allegations. They must surrender within six weeks, furnish a bail bond, and satisfy the CJM of Araria. No respondent appeared.

What did the court decide?

Petitioners released on bail on furnishing bonds of Rs.25,000 each with two sureties of like amount upon arrest or surrender within six weeks.

Santosh Yadav @ Santosh Kumar Yadav and Ors. Vs The State of… — Dowry and Cruelty | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5205 of 2019

¶2

Arising Out of PS. Case No.-1208 Year-2017 Thana- COMPLAINT CASE District- Araria

¶3

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

¶4

Santosh Yadav @ Santosh Kumar Yadav, son of Doman Yadav, resident of Village-Maheshakol Ward No.06 PS Dist.Araria

¶5

Manju Devi, wife of Santosh Yadav, resident of Village-Maheshakol Ward No.06 PS Dist.Araria

¶6

Doman Yadav, son of Late Gopi Yadav, resident of Village-Maheshakol Ward No.06 PS Dist.Araria

¶7

Chandrakala Devi, wife of Doman Yadav, resident of Village-Maheshakol Ward No.06 PS Dist.Araria

¶8

... ... Petitioners

¶9

Versus

¶10

The State of Bihar

¶11

Sarwan Kumar Yadav, son of Bandelal Yadav, resident of VillageMaheshakol Ward No.06 PS Dist.Araria

¶12

... ... Opposite Parties

¶13

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

¶14

Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

¶15

6 15-07-2019 Petitioners seek bail in anticipation of their arrest in

¶16

connection with Complaint Case No. 1208 of 2017 in which cognizance has been taken under Sections 323, 379, 504/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

¶17

Prosecution story as per complaint petition is that accused persons, including the petitioners entered inside the house of the complainant saying that his mother is Dayan and also disrobed her and snatched the articles.

¶18

Patna High Court CR. MISC. No.5205 of 2019(6) dt.15-07-2019 2/3

¶19

Submission of learned counsel for the petitioners is that petitioners and complainant are gotias and there was dispute between them with respect to boundary and as such they have falsely been implicated.

¶20

In this case earlier notice was issued to opposite party No.2 and it appears that opposite party No.2 has received the notice, which will appear from the order dated 28.6.2019, on which date none had appeared on behalf of opposite party No.2 and this case has been fixed for today. Today also none has appeared on behalf of opposite party No.2 nor any Vakalatnama has been filed.

¶21

Heard learned APP also.

¶22

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Complaint Case No. 1208 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having

¶23

Patna High Court CR. MISC. No.5205 of 2019(6) dt.15-07-2019 3/3

¶24

sufficient immoveable property within the jurisdiction of the

¶25

court concerned.

¶26

(Vinod Kumar Sinha, J)

¶27

spal/-

¶28

U T

Santosh Yadav @ Santosh Kumar Yadav and Ors. v. The State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Santosh Yadav @ Santosh Kumar Yadav and Ors. v. The State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Islam @ Quazi Md. Islam Vs State Of Bihar and Anr.

Manjesh Kumar Rai @ Manjesh Kumar Vs State Of Bihar and Anr.

Shree Ranjan Vs State Of Bihar and Anr.

Mustak Ansari Vs State Of Bihar and Anr.

Raushan Kumar @ Raushan Kumar Chaudhary Vs The State of Bihar

Saddam Hussain Vs The State of Bihar and Anr.