Mahesh Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40044 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40044 of 2017 Arising Out of PS.Case No. -977 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Mahesh Yadav, Son of Sri Sadhu Yadav, Resident of Village- Basmatta, P.S.- Laxmipur, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi, Wife of Mahesh Yadav, Daughter of Mahendra Yadav, Resident of Village- Kautona, Via- Malaypur, P.S.- Barhat, District- Jamui, Pin Code- 811313 (Bihar).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukul Jee For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 The petitioner seeks regular bail in connection with Complaint Case No. 977C/14, registered for offences punishable under Sections 498A and Section 3/4 of Dowry Prohibition Act. Learned counsel for the petitioner that he has falsely been implicated in this case. Moreover, he is ready to keep his wife (opposite party no. 2 ) with full honour and dignity. In view of the submissions of learned counsel for the petitioner that he is ready to keep the complainant with full honour and dignity, this application is disposed of with direction to the court below that if any petition is filed by the petitioner showing his desire that he is ready to keep his wife with full honour and dignity and ready to take her, the court below after issuing notice

Patna High Court Cr.Misc. No.40044 of 2017 (2) dt.23-08-2017 to opposite party no. 2, an once she appeared and willing to reside with the petitioner, thereafter, the petitioner shall be enlarged on provisional bail to his satisfaction for a period of six months, during that period the petitioner and the complainant shall have to appear in the court below on each month on the date fixed by the court below and the court below only after satisfying himself with the conduct of the petitioner and also after satisfying himself with the status of matrimonial life of the parties, shall confirm the provisional bail of the petitioner, otherwise, he is free to pass any order as he deems fit and proper.

It is made clear that if the opposite party no. 2 is not ready to live with the petitioner without any genuine reasons in that situation also, the court below shall release the petitioner on bail to his own satisfaction or the bail bonds of the petitioner shall be confirmed, as the case may be.

With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T