Tuntun Yadav @ Kaila Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11402 of 2020 Arising Out of PS. Case No.-88 Year-2019 Thana- KATORIYA District- Banka ====================================================== TUNTUN YADAV @ KAILA YADAV S/o Jhaman Yadav Resident of Village- Baniyakura, P.S.- Katoriya, Distt- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi W/o Tuntun Yadav @ Kaila Yadav, D/o Suresh Pd. Yadav Resident of Village- Sathiyari, P.S.- Katoriya, Distt- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP For the O.P no. 2 :

Mr. Sanjay Kuamr Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A, 147, 323, 341 and 494 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, the Opposite Party no. 2 was married to the petitioner herein in the year 2014 and they have two children out of the wedlock. There is allegation of demand of dowry to the tune of Rs. 50,000/- in cash and a motorcycle against the accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that pursuant to the order dated 2.3.2020 passed in the instant application the petitioner was enlarged on bail in connection with Katoriya P.S. Case no. 88 of 2019. Pursuant thereto he was released from custody. Filing a supplementary affidavit on

Patna High Court CR. MISC. No.11402 of 2020(9) dt.07-03-2022 2/2 behalf of the petitioner, a copy of which is taken on record, it is submitted that differences between the petitioner and the Opposite Party no. 2 has been amicably settled and both of them are residing together.

A counter affidavit has been filed also on behalf of the Opposite Party no. 2 wherein in paragraph no. 2 thereof it has been stated that the matter has been compromised between the parties and that the Opposite Party no. 2 is residing with her husband, the petitioner herein and she has no further complaint. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made together with the contents of the affidavit filed as referred to above, the bail granted to the petitioner in connection with Katoriya P.S. Case no. 88 of 2019 pending in the Court of learned Judicial Magistrate 1st Class, Barh vide order dated 2.3.202020 passed in the instant application, is hereby confirmed. The application stands disposed off.

(Partha Sarthy, J) Prakash/- U