Allowed

Azad Yadav @ Azad Kumar v. The State of Bihar

Patna HC9 Nov 2023CR. MISC./39701/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in connection with Mahila P.S. Case No. 22 of 2022 alleging offences under sections 498A IPC and sections 3 and 4 of the D.P. Act, setting a bond of Rs. 20,000.

What did the court decide?

Petitioner enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each in Nalanda.

Azad Yadav @ Azad Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39701 of 2023

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Arising Out of PS. Case No.-22 Year-2022 Thana- MAHILA P.S. District- Nalanda

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

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Azad Yadav @ Azad Kumar Son Of Arvind Yadav Resident Of Village - Palipar, P.S.- Aougari, District - Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Baby Kumari Wife Of Azad Yadav D/O- Nagmani Yadav, Resident Of Village - Islampur Barbigha, P.S.- Islampur, District - Nalanda.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar Singh For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 09-11-2023 Learned counsel for the petitioner is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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3. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 22 of 2022 dated 02.03.2022 registered for the offence punishable under Sections 498A, 341, 323 and 379 read with 34 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.

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4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

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Patna High Court CR. MISC. No.39701 of 2023(3) dt.09-11-2023 2/3

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mentally and physically due to non-fulfillment of demand of dowry. It is further stated that the accused persons kept her jewelleris and ousted the informant from her matrimonial home.

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5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the informant. The 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his

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Patna High Court CR. MISC. No.39701 of 2023(3) dt.09-11-2023 3/3

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arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda in connection with Mahila P.S. Case No. 22 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconcilation or one time settlement.

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9. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Azad Yadav @ Azad Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Azad Yadav @ Azad Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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