Pintu Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14430 of 2019 Arising Out of PS. Case No.-676 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== PINTU YADAV, Son of Late Gajo Yadav, Resident of Village- Dahiyari, P.S.- Sono, District- Jamui.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Puja Devi, Wife of Pintu Yadav Resident of Village- Dahiyari, P.S.-Sono, District- Jamui. At present Resident of Wariyapur, P.S.- Charkapatthar, District- Jamui.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 676(C) of 2017 instituted for the offences punishable under Sections 323, 498A, 504, 379 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation as per complaint petition is that for demand of Rs.1 lac the petitioner subjected the complainant-wife to torture and cruelty and ousted her from the house.

Submission of learned counsel for the petitioner is that there is no specific allegation attributed against him and moreover he is still ready to keep her with dignity and care. On perusal of the record it appears that earlier notice was issued to opposite party No.2 but none had appeared on her behalf although registered notice has been received by her and vide order

Patna High Court CR. MISC. No.14430 of 2019(5) dt.15-07-2019 2/2 dated 3.7.2019 the matter was directed to be posted on10.7.2019. Today also none has appears on behalf of opposite party No.2 nor any Vakalatnama has been filed.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, 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 the Sub-Divisional Judicial Magistrate, Jamui, in connection with Complaint Case No. 676(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that if opposite party No.2 is ready to reside with the petitioner, he shall have no objection to that and he will keep her with dignity and care, otherwise opposite party No.2 is at liberty to move for cancellation of bail bonds of the petitioner before the court below itself.

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