Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50928 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Sunil Kumar Yadav, S/o Lalo Yadav, Resident of Village- Jorawarganj, P.S.- Kumarkhand, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bal Govind Sharma For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Earlier, prayer of bail of the petitioner was disposed of vide order dated 15.02.2017 by this Court passed in Criminal Miscellaneous No. 5789 of 2017 by which the petitioner was granted provisional bail for a period of six months with a direction to keep his wife with full honour and dignity. It appears that during that period on the request of the petitioner, opposite party No. 2 did not appear before the court below. Thereafter, his bail bond was cancelled. Submission of the learned counsel for the petitioner is that as a matter of fact that the informant (wife) has fled away from his house and the petitioner is still ready to keep her with full honour and dignity. He is in custody since 22.08.2017. Heard learned APP and the learned counsel for the

Patna High Court Cr.Misc. No.50928 of 2017 (3) dt.15-11-2017 2/3 informant, who has opposed the prayer of bail on the ground that earlier also, he has ousted the informant from his house and thereafter, on undertaking, she has gone to the house of the petitioner and she is ready to live with him. Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, 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 S.D.J.M, Madhepura in connection with Madhepura Mahila P.S. Case No. 63 of 2016, subject to the conditions as follows:

(1) One of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of the court concerned.

(2) Petitioner will mark his attendance in local station in first week of every month at least for one year so that police may watch his conduct during the said period, failing which his bail bond shall be cancelled.

(3) The petitioner shall cooperate in the

Patna High Court Cr.Misc. No.50928 of 2017 (3) dt.15-11-2017 3/3 disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) ajay gupta/- U T