Patna High Court - Orders
Sanjay Kumar Yadav vs State Of Bihar & Anr on 18 July, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8631 of 2008
-------
SANJAY KUMAR YADAV---------Petitioner
Versus
1. STATE OF BIHAR
2. NIBHA DEVI ----------Opp. Parties
------------
3. 18.7.2008Heard the learned counsel for the petitioner and the learned A.P.P. for the State as also Mr Anshudhar Sharma, learned counsel for opposite party no.2.
The petitioner is apprehending his arrest in connection with Complaint Case No.1103 of 2007 for the alleged offences registered under sections 498A and 420 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
It is submitted on behalf of the petitioner that the complainant has filed the present case merely to harass the petitioner. As a matter of fact, the complainant had earlier filed a complaint case, which resulted in acquittal of the petitioner as mentioned in paragraph 8 of the petition. It is further submitted that in the earlier case the alleged demand was something more and in the present case the demand is some different also.
Considering the submissions, as 2 noticed above, and on perusal of the allegations made in the complaint as also the other materials brought on record and the averments made in the petition, it is directed that petitioner Sanjay Kumar Yadav, in the event of his arrest or surrender in connection with Complaint Case No.1103 of 2007 (Tr. No.3852 of 2007) within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure.
PNM (Shailesh Kumar Sinha, J.)