Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4184 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- MAHILA P.S. District- Nawada ====================================================== Jitendra Yadav, son of Mundrika Yadav, resident of Vill-Nehaluchak, P.SNawada, Distt.-Nawada ... ... Petitioner

Versus

1. The State Of Bihar

2. Sharmila Devi, daughter of Bishun Yadav, resident of village Kanuatand. P.S. Kawakole, District Nawada ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 Petitioner seek bail in anticipation of his arrest in connection with Mahila P.S. Case No. 24 of 2018, registered for the offences punishable under Sections 498A, 341, 323, 379, 504, 34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioners is of subjecting his wife to cruelty and harassment for demand of dowry. Submission of learned counsel for the petitioner is that he is ready to keep her with him but problem is that she wants to reside with the petitioner which is not possible as recently he was posted in Army in Assam.

Heard learned APP and learned counsel for the informant, who has stated that she has no objection in residing in her sasural if petitioner pays her some amount per month for her personal expenses.

Patna High Court CR. MISC. No.4184 of 2019(3) dt.11-03-2019 2/2 Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of 12 weeks from the receipt of this order and on the day of his surrender he will take his wife with him to her house and in that event he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Nawada, in connection with Mahila P.S. Case No.

24 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner will pay Rs.3000/- per month within 15th of every month to the informant as her personal expenses, failing which the informant is given liberty to move for cancellation of his bail bond in the court below and the same shall be considered by the court below.

In the meantime, no coercive action shall be taken against the petitioner.

(Vinod Kumar Sinha, J) spal/- U T