Anil Yadav @ Anil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27488 of 2021 In CRIMINAL MISCELLANEOUS No.9518 of 2020 Arising Out of PS. Case No.-833 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== ANIL YADAV @ ANIL KUMAR YADAV Son of Kapildeo Yadav Resident of Village - Pathraito, P.S. and District- Sheikhpura. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chanchala Devi Wife of Anil Yadav @ Anil Kumar Yadav Daughter of Lakhan Yadav, Resident of Village - Darkha, P.S.- Sikandra, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma For the State :
Mr.A. L. Pandit For the O. P. No. 2 :
Mr. Prakash Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-11-2021 Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor representing the State.
The petitioner has filed this application for modification in the order, dated 04.03.2020, passed in Criminal Misc. No. 9518 of 2020, to the extent that the condition of bail regarding filing of a joint affidavit by the petitioner and his wife be modified inasmuch as according to the petitioner, as per the order of this Court, the petitioner had visited the house of Opposite Party No. 2 on 17.03.2020, but the Opposite Party No. 2 was not ready to accompany the petitioner to her matrimonial
Patna High Court CR. MISC. No.27488 of 2021(3) dt.03-11-2021 2/3 home. He further submits that a further date may be fixed by this Court for appearance/surrender of the petitioner before the learned Court below, from where the petitioner will take along his wife to his home after furnishing the joint affidavit by the petitioner and his wife-Opposite Party No. 2. He further submits that the Opposite Party No. 2, i.e. the wife of the petitioner may also be directed to remain physically present before the learned Court below on the next date fixed in the case. On the other hand, learned Counsel for the Opposite Party No. 2 submits that the Opposite Party No. 2 is ready to accompany the petitioner from the learned Court below itself and shall be present on the date fixed for appearance/surrender of the petitioner before the learned Court below for furnishing his bail bonds.
As jointly agreed by learned Counsel for the parties, the order, dated 04.03.2020, passed in Criminal Misc. No. 9518 of 2020, is modified to the extent that let the petitioner as well as Opposite Party No. 2 appear before the learned Court below on 25th November, 2021 and shall file a joint affidavit before the learned Court below, stating therein that the petitioner will keep his wife, Opposite Party No. 2 with care, honour and dignity and both the parties shall live together as husband and wife
Patna High Court CR. MISC. No.27488 of 2021(3) dt.03-11-2021 3/3 peacefully, upon which the learned Court below shall release the petitioner on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui/concerned Court, in connection with Complaint Case No. 833 C of 2019.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √