Kanhaiya Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13015 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Kanhaiya Yadav, Son of Tengar Singh Yadav, Resident of Village - Saraiyan, P.S.- Durgawati , Distt - Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Binita Devi @ Vinita Devi, Wife of Kanhaiya Yadav, D/o Aliyar Yadav, Resident of Village - Kuddi, P.S.- Chand, Distt - Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 311 of 2018, disclosing offences under Section 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner and other is that they tortured the informant for demand of Bolero Jeep worth Rs.6,00,000/- and later on by assaulting her ousted from the house. It further appears that petitioner has solemnized second marriage.

Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care and the whole allegation is false and concocted.

Patna High Court CR. MISC. No.13015 of 2019(4) dt.27-06-2019 2/2 Heard learned A.P.P. and learned counsel appearing on behalf of the informant, has submitted that she is also ready to reside with the petitioner, if she is allowed to live with dignity and care.

In such view of the matter, let the petitioner, above named, appear before the learned court below on 08.07.2019 and on that day, the opposite party no.2 shall also appear before the learned court below and if the petitioner file an affidavit that he is ready to keep her with dignity and care, then the petitioner shall be enlarged on provisional bail for a period of nine months and during that period, both the parties have to appear before the learned court below in the first week of each month and the learned court below shall see the conduct of both the parties and once the leaned court below is satisfied with the conduct of both the parties, then release the petitioner on regular bail, otherwise free to pass any order, which may fit and proper including cancelling the bail bonds of the petitioner.

With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T