Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.931 of 2019 Arising Out of PS. Case No.-127 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Anil Yadav, son of late Permanand Yadav, R/o Village-Satghatta, P.S. Alouli, District-Khagaria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the State :

Mr. Surendra Kumar, A.P.P.

For the informant :

Mr. Sarbottam Kumar Sarkar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. It is an unfortunate situation where the petitioner, who is the husband, is alleged to have virtually deserted the informant, who is the first wife, and has also entered into a second wedlock about 3-4 years ago. This second marriage, according to the allegations and counter allegations, took place only on account of the alleged fact that the informant could not bear a child.

Looking to the background of the aforesaid case, no fruitful purpose will be served by keeping the petitioner behind bars.

On the basis of instructions received, learned counsel for the petitioner states that the petitioner undertakes to tender a

Patna High Court Cr.Misc. No.931 of 2019(2) dt.17-01-2019 2/2 sum of Rs.2,000/- (Two thousand) per month to the informant which shall be deposited in the bank account of the informant and that shall form part as a condition of the release order to be passed by the Magistrate concerned. The bank account number shall be tendered by the informant before the Magistrate within a week.

It shall be open to the parties to get the dispute settled through mediation, if possible.

Subject to the aforesaid directions, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate V, Begusarai, in connection with Bakhri P.S. Case No.127 of 2018.

(Amreshwar Pratap Sahi, CJ) Sunil/- U T