Vijay Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11014 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vijay Yadav, S/o Ganauri Yadav, Resident of Village- Kena Sarai P.S. Muffasil, District- Nawada.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Sanju Devi, Wife of Vijay Yadav, Resident of village Kena Sarai, P.S.- Muffasil, District- Nawada.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Muffasil P.S. Case No. 148 of 2018, registered for the offences punishable under Sections 341, 323, 307, 498A, 307 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant, who is his second wife, and ousted her from the house. It further appears that earlier also she has lodged a case against the petitioner and thereafter petitioner has brought her to his house.

Submission of learned counsel for the petitioner is that the injuries are simple in nature and he is still ready to keep her.

Patna High Court CR. MISC. No.11014 of 2019(4) dt.01-05-2019 2/2 Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail stating that earlier opposite party No.2 has lodged a case under Section 498A IPC in which petitioner has been convicted and that has been upheld by this High Court vide judgment dated 4.9.2019 passed in Cr.Appeal(SJ) No. 26 of 2015. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He should surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

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