Ganesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51808 of 2015 Arising out of P. S. Case No. - 141 Year - 2013 Thana - COMPLAINT CASE District - BANKA ====================================================== Ganesh Yadav, Son of Late Bhumeshwar Yadav, Resident of Village - Malik Bathan @ Mal Bathan, P.S. - Fullidumar, District - Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Renu Devi, Wife of Ganesh Yadav, D/o Ghanshyam Yadav, Resident of Village - Pokharia, P.S. + District - Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 323, 504 and 498(A) of the Indian Penal Code. The petitioner was granted provisional anticipatory bail vide order dated 24.06.2014 in Cr. Misc. No. 18061 of 2014 on condition that he will deposit Rs.750/- firstly within 15 days from the date of receipt of this order and subsequently by 15th of every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. The Court below shall inform the wife of the petitioner about the present order. However, if the complainant/informant has a Bank Account or subsequently opens a Bank Account, the money shall

Patna High Court Cr.Misc. No.51808 of 2015 (2) dt.10-11-2015 be deposited in the Account and a receipt to this effect shall be filed by 15th of every month in the court below and, in case, he fails to do so his provisional anticipatory bail would be automatically cancelled.

However, it is submitted that the bail bond of the petitioner was cancelled in view of the fact that the petitioner could not deposit the aforesaid amount from March, 2015. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Banka in connection with Complaint Case No. 141 of 2013, subject to the condition that the petitioner will deposit the amount from March, 2015 and shall go on paying the amount to the complainant/informant. The complainant/informant is directed to open an account in her name so that the petitioner may deposit the amount in the account. However, until the account is not opened the amount will be deposited in the Court.

Kundan/- (Gopal Prasad, J) U