Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11944 of 2019 Arising Out of PS. Case No.-796 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Jitendra Yadav, Son of Sukhadeo Yadav Resident of Manichak, P.S.-Masaurhi, District-Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner is husband of Opposite Party No.2. Pursuant to the order dated 13.08.2019, both the petitioner as well as Opposite Party No.2 are present in person along with their respective counsels. On query, the petitioner has submitted that he is ready to keep Opposite Party No.2 as his wife with all care and dignity.
On the other hand Opposite Party No.2 upon being asked submits that she is ready to live with the petitioner as his wife but she has apprehension that she will again be assaulted by the petitioner in her matrimonial home. Upon this, the petitioner submits that he undertakes not to assault in any manner to the petitioner and her son. Petitioner submits that
Patna High Court CR. MISC. No.11944 of 2019(6) dt.26-08-2019 2/3 local Chowkidar may be directed to collect a report in every week and will collect the information from the petitioner as well as Opposite Party No.2 and submit his report before the SHO, Masaurhi P.S. Petitioner submits that due to the interference of the family members of the Opposite Party No.2, the dispute between the parties arises and as such the family members of Opposite Party No.2 may be directed not to interfere in the family affairs of the petitioner.
After having heard learned counsel for the parties and the submissions made by the petitioner and Opposite Party No.2 in person, in order to maintain harmony in the family, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi at Patna in connection with Masaurhi P.S. Case No.796 of 2018, subject to the condition that he will keep Opposite Party No.2 and her son with all care and dignity and will not assault or torture Opposite Party No.2 in any manner mentally and
Patna High Court CR. MISC. No.11944 of 2019(6) dt.26-08-2019 3/3 physically.
As requested by the parties, let the local village Chowkidar inquire into the conduct of the petitioner as well as Opposite Party No.2 and submit a report every week before the SHO, Masaurhi P.S. till the parties fully establish cordial relation between them. The petitioner undertakes that tomorrow at about 10.00 A.M., he will visit his Sasural for Bidai of his wife, i.e., opposite Party No.2 and will bring her to his home along with her child.
It is made clear that at the time of surrender, the petitioner shall annex an affidavit duly sworn by Opposite Party No.2 stating therein the fact that petitioner has broguth her for living along with him in her matrimonial home. This application is accordingly disposed in abovementioned terms. (Anil Kumar Sinha, J) sanjeev/- U T