Awadhesh Yadav @ Awadhesh Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23170 of 2015 Arising Out of PS.Case No. -504 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Awadhesh Yadav @ Awadhesh Kumar Yadav Son of Brind Yadav resident of Village- Musahri, P.s- Harnaut, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sudha Devi wife of Awadhesh Yadav, Daughter of late Bhushan Yadav, resident of Village- Musahri, P.s- Harnaut, District Nalanda.at present resident of Village- Mosimpur, P.s- Chandi, District Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the opposite party No. 2 as well as learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Section 498 and 406 of the Indian Penal Code.

Opposite party No. 2 is present today in person and it has been submitted that in view of the fact that the petitioner had deserted her, she has also been married to another person and is now living happily with her new husband.

It is, however, submitted by learned counsel for the opposite

Patna High Court Cr.Misc. No.23170 of 2015 (13) dt.22-02-2017 P2/2 party No. 2 that all the gifts given at the time of marriage by the opposite party No. 2 have been confiscated by the petitioner and, therefore, direction may be issued to him to return back the same. Learned counsel for the petitioner submits that, if so desired, the opposite party No. 2 can make such a claim in the Court below which shall be considered in accordance with law. Liberty is granted to make such an application before the Court below.

In view of the present circumstances, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif, in connection with Complaint Case No. 504C/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T