Bhola Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7512 of 2019 Arising Out of PS. Case No.-679 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== Bhola Yadav, aged about 35 years (Male), Son of Baldeo Yadav, resident of Village-Dhanuachi Auraia, P.S.-Bharoganj, District-Banka ... ... Petitioner

Versus

1.

The State of Bihar 2.

Hema Devi, aged about 30 years(female), Wife of Bhola Yadav and daughter of Babulal Yadav, Resident of Village-Nagwey, P.S.-Simultalla, District -Jamui ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Raj, Adv.

For the Opposite Party/s :

Mr.A.P.P.

Mr. Rajesh Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-04-2019 Heard Sri Akash Raj, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Rajesh Kumar Sinha, learned counsel, who has appeared on behalf of the complainant/Opp.Party no.2.

Earlier, by order dated 08.02.2019, while issuing notice to Opp.Party no.2, a Co-ordinate Bench of this Court had directed to release the petitioner on provisional bail. The petitioner, husband of the complainant/Opp.Party no.2, has prayed for grant of bail,in the event of his arrest or surrender in complaint Case No.679C of 2017 registered under Section 498A of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.7512 of 2019(3) dt.04-04-2019 2/2 Learned counsel for the petitioner submits that the petitioner is still ready to keep Opp.Party no.2 as wife with full dignity and respect.

Learned counsel for the complainant agrees for the same, but he requests for directing the petitioner to make some payment for maintenance.

It is difficult to understand that once the petitioner (husband) is ready to keep Opp.Party no.2 with him with full dignity and respect as wife, what is the reason for asking such indulgence. In such situation, I am of the opinion that the provisional bail, earlier granted to the petitioner, is required to be confirmed.

Accordingly, the provisional bail granted to the petitioner by order dated 08.02.2019 is hereby confirmed on the same bail bond, which he had executed at the time of granting provisional bail.

(Rakesh Kumar, J.) nawalkrs/- U T