Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30003 of 2021 Arising Out of PS. Case No.-1180 Year-2012 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAJESH YADAV S/O MISHRI YADAV R/o village- Rupokhar, P.O.- Dhanama, P.S.- Chandradip, District- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GURIYA DEVI W/O RAJESH KUMAR, D/O ARJUN YADAV R/o villageNehnaur, P.S.- Deepnagar, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-02-2022 Heard learned counsel for the petitioner, Opposite Party No.2 and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A and 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.30003 of 2021(2) dt.11-02-2022 2/3 The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2009 and the allegation against the petitioner is false and concocted. It is further submitted that petitioner is ready to keep the complainant as wife with full dignity and honour whereas she is not willing to live at her Sasural. A statement to that effect has been made in para 8 of the petition. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 1180C/ of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the

Patna High Court CR. MISC. No.30003 of 2021(2) dt.11-02-2022 3/3 petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. (Sunil Kumar Panwar, J) brajesh kumar/- U T