Sanjay Kumar Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5131 of 2019 Arising Out of PS. Case No.-1046 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Sanjay Kumar Yadav, S/o Sukmar Yadav, Resident of Village-Sattar TolaSimraha, P.S.-Bihra, District -Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rinki Kumari, W/o- Sanjay Yadav @ Sanjay Kumar Yadav, D/o- Ram Rekh Yadav, Resident of Village-Sattar Tola-Simraha, P.S.-Bihra, District -Saharsa at present resident of Village-Bhaddi, P.S.- Saur Bazar, District-Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1046C of 2017, disclosing offences under Section 498A of IPC and Section 4 of Dowry Prohibition Act.

Case is under Section 498-A of the IPC with the allegation of demand and torture.

Submission of learned counsel for the petitioner is that he is still ready to keep her with dignity and care. On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 06.02.2019. The report of Mediator is available on record at Flag "M" which disclosed

Patna High Court CR. MISC. No.5131 of 2019(6) dt.22-07-2019 2/3 that mediation failed.

Thereafter, during the pendency of this application, petitioner again appeared and stated that he is ready to keep her with dignity and care and as such, petitioner was directed to go in person along with Mukhiaya and Sarpanch of his village to bring her back from her Maika, but it has been submitted that she has not come along with the petitioner whereas the opposite party no.2-wife controverted the above submission stated that they had not come in her Maika.

Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 30.07.2019 and on that day, the opposite party no.2 shall also remain present in the court and on filing of an affidavit by the petitioner that he is ready to keep her with dignity and care and take her back from the court, the petitioner shall be released on provisional bail for a period of 10 months. During that period, both the parties have to appear on third week of each month before the learned court below, so that the court shall watch their marital relationship and only on being satisfied with the conduct of both the parties, he will consider about confirming the bail bonds of the petitioner or he may be free to pass any order which may fit

Patna High Court CR. MISC. No.5131 of 2019(6) dt.22-07-2019 3/3 and proper including cancelling the bail bonds of the petitioner. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T