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2025 DAILYLAW 55809 (PAT)

Brijbihari Kumar Yadav @ Brijbihari Kumar v. The State of Bihar

CR. MISC./44051/2025 · 2025-07-23

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44051 of 2025 Arising Out of PS. Case No.-789 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Brijbihari Kumar Yadav @ Brijbihari Kumar S/o Ramprit Yadav @ Jhagru Yadav R/o Village- Fhulwar, P.S.- Banjaria, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Turkaulia P.S. Case No. 789 of 2022 dated 15.08.2022 registered for the offences punishable u/ss 384 and 386 of the Indian Penal Code and section 67 of the IT Act. 3. As per the prosecution case, the informant alleged that before 6-7 months he talked to the petitioner and the co- accused persons for marriage of his daughter but due to non- fulfillment of demand of dowry, they denied to solemnize the marriage. Thereafter, when the informant solemnized the marriage of his daughter with one Abhishek Kumar, the Patna High Court CR. MISC. No.44051 of 2025(2) dt.23-07-2025 2/3 petitioner and the co-accused persons started demanding Rs. 5,00,000/- as rangdari and threatening to disturb the matrimonial life of his daughter. Thereafter, the co-accused Brij Bihari Kumar Yadav created a fake ID on Facebook and started uploading the vulgar photographs of the daughter of the informant on social medial and also started messaging the son- in-law of the informant. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The arrange marriage of the petitioner is to solemnize with the daughter of the informant but before the marriage, the petitioner came to know that the informant’s daughter does not want to marry due to love affair with another person. The petitioner never created any fake ID and he has no concern with the said occurrence. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co- accused has already been granted bail by the co-ordinate bench of this court vide order dated 14.07.2023 passed in Cr. Misc. No. 28662 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2025. 5. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.44051 of 2025(2) dt.23-07-2025 3/3 opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Turkaulia P.S. Case No. 789 of 2022, with following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T