Chandan Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35055 of 2015 Arising Out of PS.Case No. -206 Year- 2012 Thana -BABUBARHI District- MADHUBANI ====================================================== Chandan Kumar Yadav .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 379 and 406 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner preferred Matrimonial Suit No. 131 of 2012 with a prayer for divorce wherein the issue was compromised between the parties when the petitioner agreed to pay `1,25,000/-. It is further submitted that the informant has performed second marriage with one Sundar Yadav.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six

Patna High Court Cr.Misc. No.35055 of 2015 (2) dt.19-08-2015 2/2 months 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 Judicial Magistrate, 1st Class, Madhubani in connection with Babubarhi P.S. Case No. 206 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on verification of compliance of terms of compromise between the parties in Matrimonial Case No. 131 of 2012.

(Dinesh Kumar Singh, J) Amrendra/- U T