Patna High CourtCR. MISC./20340/2024bail granted

Narendra Yadav v. The State Of Bihar

2024-09-13Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20340 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Narendra Yadav SON OF Sri Ram Yadav RESIDENT OF VILLAGEGHODHRA, PS- DUBHAD, DISTT- BALIA ... ... Petitioner/s

Versus

The State of Bihar 2.

PINKI DEVI WIFE OF NARENDRA YADAV RESIDENT OF VILLAGEJAIVHI DIYAR, PS- BRAHMPUR, DISTT- BUXAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Nath Pandey, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP For OP 2 :

Mr. Bhaskar Shankar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offense punishable under Sections 498A of the Indian Penal Code and 3/ 4 of the D. P Act.

3. As per prosecution case, this petitioner solemnized marriage with the complainant/Opposite Party No. 2 in the year 2016 , and after marriage complainant went to her matrimonial house and thereafter this petitioner along with other in-laws tortured and harassed the victim due to non-fulfillment of demand of dowry. When family of complainant tried to pacify the matter, accused persons refused to keep complainant in her matrimonial house .

Patna High Court CR. MISC. No.20340 of 2024(5) dt.13-09-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner happens to be husband of the complainant/Opposite Party No. 2 and the allegations against him are false and concocted. As a matter of fact, the petitioner at no point of time committed any torture upon the complainant. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honor and dignity . Furthermore, pursuant to direction passed by this Hon'ble Court vide order dated 02.04.2024 in Cr. Misc. No. 20340 of 2024, the petitioner has already paid Rs. 34,000/- per in the Union Bank A/c No. 639002120021004 to the complainant Pinki Kumari . It is further submitted that petitioner has also filed a petition before the court of learned Principal Judge, Family Court, Balia in Divorce Case No.

79 of 2022 and pursuant to the order dated 11.11.2022 passed by learned Principal Judge, Family Court, Balia petitioner is already paying Rs. 2000/- per month and undertakes to continuously pay the same ( i. e,. Annexure P5) to the supplementary affidavit. Petitioner claims clean antecedent.

5 . Learned A.P.P. for the State and learned counsel appearing on behalf of complainant/Opposite party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to

Patna High Court CR. MISC. No.20340 of 2024(5) dt.13-09-2024 3/3 the petitioner.

6. Considering the aforementioned facts and circumstances, the fact that petitioner is already paying interim maintenance to the complainant/Opposite Party No. 2 and undertakes to pay the same continuously and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. Rs.10,000/- (ten thousand) with two sureties of the like amount each to the Satisfaction of learned SDJM Buxar, in connection with Complaint Case No. 470 (c) of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T