Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10866 of 2023 Arising Out of PS. Case No.-90 Year-2021 Thana- KEWATI District- Darbhanga ====================================================== MITHILESH KUMAR YADAV S/O SONELAL YADAV Resident of VillageRajo, P.S.- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ram Dai Kumari W/o Mithilesh Kumar Yadav, D/o Ganga Ram Yadav Resident of Village at Present Parsa Vishanpur, P.S. Keoti, District Dharbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Keoti P.S. Case No.90 of 2021, registered for the offences punishable under Sections 341, 323, 504, 506, 424, 498(A) and 34 of the Indian Penal Code as well as under Sections 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioner has not solemnized the second marriage. Learned APP for the State as well as learned counsel for

Patna High Court CR. MISC. No.10866 of 2023(3) dt.03-07-2023 2/2 O.P. No.2 opposed the prayer for grant of anticipatory bail to the petitioner. Learned counsel for O.P. No.2 produced some photographs before this Court showing that petitioner has solemnized the second marriage.

Considering the nature of offence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, 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 learned court below where the case is pending/successor court in connection with Keoti P.S. Case No.90 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T