Huro Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22726 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Huro Yadav, Son of Late Ram Khelawan Yadav, resident of Village Rajla, P.S. Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raja Yadav, Son of Late Dhannu Yadav, Resident of Village Agahra Chapri, P.S. Sono, Dist.- Jamui.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jhajha P.S.Case No.131 of 2016 (G.R.No.1228 of 2016) , registered for offences punishable under Sections 341, 323, 498A, 379/34 of the Indian Penal Code.

Allegation against the petitioner is of torture and cruelty to his wife. It further appears from perusal of the record that in this case several time, forced compromise have been made and the girl was taken by the petitioner but again she was tortured and ultimately she was sent back to her 'Maike' and there is allegation of assault against the petitioner on his wife. Further, it appears that the petitioner is in custody since 9.1.2017 Submission of the learned counsel for the petitioner is that she is herself not interested to live with the petitioner, as such

Patna High Court Cr.Misc. No.22726 of 2017 (5) dt.04-09-2017 2/2 she has made false excuses against the petitioner. The petitioner is in custody for about eight months.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that she is ready to live with the petitioner but he is not ready to keep her. Having heard both sides and in view of the facts and circumstances, as stated above, the learned trial court is directed to expedite the trial and both the parties be directed to co-operate in disposal of the trial and the trial must be concluded within a period of three months. In the meantime, the petitioner will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Jhajha P.S.Case No.131 of 2016 (G.R.No.1228 of 2016) with condition that the petitioner shall appear on each and every date in this case and if he wants to remain absent for any date, he has to take permission of the court concerned in this regard, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is disposed of.

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