Bijay Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13425 of 2019 Arising Out of PS. Case No.-108 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== BIJAY YADAV Son of Dukhan Yadav Resident of Village - Champa Nagar, P.S.- Raghopur, District - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Devi Wife of Bijay Yadav Resident of Village - Champa Nagar, P.S.- Raghopur, District- Supaul at present Rita Devi, Daughter of Pandav Yadav, Resident of Village - giripatti, P.S.- Raghopur, District -Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.108 of 2018 registered for offences punishable under Sections 147, 323, 379, 498(A), 494, 504 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of demand of Rs.01 lac and due to non-fulfillment of the demand she was ousted from the house after snatching ornaments. Submission of the learned counsel for the petitioner is that with her consent he has re-married with another lady and he is still ready to keep her with dignity and care but the

Patna High Court CR. MISC. No.13425 of 2019(7) dt.04-09-2019 2/2 complainant wants him to be Gharjamaui and earlier he had filed matrimonial case also for restitution of the conjugal right but the complainant is not ready to reside with the petitioner. Heard learned A.P.P. and the learned counsel for the O.P.no.2. they have opposed the prayer for bail that the petitioner has solemnized second marriage as such it is not possible for her to reside with the petitioner. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender within a period of two weeks from the date of receipt of the order and on surrender he will be released on bail on bail bond of Rs.25,000/- in connection with Complaint Case No.108 of 2018 with condition that if the O.P.no.2 files any criminal case and the notices are served on him personally, he has to appear and co-operate in disposal of the case.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U