Jitendra Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6404 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -BUDHUCHAK District- BHAGALPUR ====================================================== Jitendra Yadav son of Girdhari Yadav, the resident of VillageKishandaspur, P.S.- Budhuchak, Distt- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dulari Devi, W/o Prakash Yadav, resident of Village- Banshichak, P.S.- Pirpainty, Distt- Bhagalpur.

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Budhuchak P.S. Case No. 28 of 2016 registered under Sections 498(A), 323, 34 of the Indian Penal Code and 3⁄4 of the D.P. Act. Learned counsel appearing on behalf of the petitioner submits that on perusal of Annexure 2 to the application and supplementary affidavit, it appears that the complainant has illicit relation with cousin brother of the petitioner with whom the petitioner caught her in red handed and for that, the petitioner has filed Complaint Case No. 1308 of 2016 in the Court below. When this fact came to the knowledge of the opposite party/complainant

Patna High Court Cr.Misc. No.6404 of 2017 (6) dt.22-08-2017 2/2 then she filed the present case.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Bhagalpur in connection with Budhuchak P.S. Case No. 28 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T