Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52649 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Sunil Kumar Yadav, son of late Bhupendra Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 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, 494, 323, 504, 34 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that earlier the informant also filed Mahila (Madhepura) P.S. Case No.1 of 2012 levelling accusation under sections 498A, 494, 323, 307, 504 and 506 of the Indian Penal Code wherein the petitioner was granted bail vide Criminal Miscellaneous No.38394 of 2013. Subsequently, she filed Criminal Miscellaneous No.35394 of 2014 for cancellation of bail of the petitioner but the same was

Patna High Court Cr.Misc. No.52649 of 2015 (2) dt.10-11-2015 2/2 dismissed vide order dated 07.01.2015 by a co-ordinate bench of this Court finding no violation of conditions by the petitioner. The same has been brought on record by way of annexure-4 to the petition. Learned counsel for the petitioner further submits that in pursuance to the earlier order the petitioner has already transferred half of his property in favour of the informant. Considering the issue being settled between the parties, let the above named petitioner be released on anticipatory bail for 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 SDJM, Madhepura in connection with Mahila (Madhepura) P.S. Case No.36 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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