Sharwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23316 of 2021 Arising Out of PS. Case No.-724 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Sharwan Yadav S/O Anant Yadav R/O Village- Khaira Chanda, Ward No. 03, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi W/o Sharwan Yadav, D/o Suryanand Yadav R/o village- Khaira Chanda, Ward No. 04, P.S.- Narpatganj, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand and ousting the complainant from her matrimonial house.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.23316 of 2021(3) dt.11-08-2022 2/3 petitioner that a false and concocted story has been created and petitioner has has been implicated in this case. The petitioner is husband of the complainant and he never demanded any dowry. In fact, the complainant is a quarrelsome lady and she herself does not want to live with the petitioner. However, the petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 17 of the petition.

Learned counsel appearing on behalf of the complainant, on instruction, has submitted that complainant is also ready to live with the petitioner, provided, she should be treated well and keep her with full dignity and honour.

Considering the present stand of both the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.23316 of 2021(3) dt.11-08-2022 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 724-C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The complainant will be at liberty to file appropriate application for cancellation of bail of the petitioner, if the petitioner does not comply the undertaking given before this Court.

(Sunil Kumar Panwar, J) Shageer/- U T