Bipin Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9960 of 2015 Arising Out of PS.Case No. -1922 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Bipin Yadav Son of Bineshwar Yadav .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi D/o Parbhu Yadav .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-04-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour, a statement to this effect has been made at paragraph 7 of the petition. Though, the complainant has performed second marriage with one Saryoog Yadav, son of late Lalu Yadav, a statement to this effect has been

Patna High Court Cr.Misc. No.9960 of 2015 (2) dt.22-04-2015 2/2 made at paragraph 9 of the petition which reads as follows: "9. That it is submitted that the complainant were re-marriage with Saryoog Yadav son of late Lalu Yadav, resident of Village- Balwapur, P.S.- Warisaliganj, DistrictNawada." Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complaint Case No.1922 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioner will be accepted on verification of the fact that the complainant has performed second marriage otherwise the petitioner will surrender before the learned court below and pray for regular bail. (Dinesh Kumar Singh, J) Ashwini/- U T