IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35553 of 2010
KISHORE YADAV
Versus
STATE OF BIHAR
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02/ 29.09.2010 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Originally, the informant filed complaint case which was
converted into police case i.e. Hilsa P.S. Case no. 447/2008. The
allegation against the petitioner is that he along with others kidnapped
the informant’s brother.
Learned counsel for the petitioner points out that niece of
the petitioner was killed by the informant and his family members for
dowry and for that occurrence Hilsa P.S. Case no.231/2006 for the
offence under section 304B/34 IPC was registered against the
informant and others. Subsequently the prosecution party again
committed occurrence for which Hilsa P.S. Case no. 136/2008 was
registered and after that the informant has got instituted this false case.
So far the victim is concerned, he is also accused in Hilsa P.S. Case
no. 136/2008 and that is why he is hidden himself for putting pressure
upon the petitioner and others so that they may not depose in the
above stated case.
Considering the facts and circumstances of the case as well
as submissions of the parties, petitioner is directed to be released on
bail in connection with Hilsa P.S. Case no. 447 of 2008 on furnishing
bail bond of Rs 10,000-/ with two sureties of the like amount each to
the satisfaction of Addl. Chief Judicial Magistrate, Hilsa at Nalanda.
shahid (Hemant Kumar Srivastava,J))