Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28093 of 2019 Arising Out of PS. Case No.-1367 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== PINTU YADAV Son of Late Jodhan Yadav Resident of Village - Nagwe, P.S.- Simultalla, Distt - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babli Devi Wife of Pintu Yadav, D/o Nageshwar Yadav Resident of Village - Nagwe, P.S.- Simultalla, Distt - Jamui. At present Vill - Tailaiya, P.S.- Chandramandih, Distt - Jamui.

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1367C/2016, disclosing offences under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry of Rs. Two Lakh, one colour T.V. and one motorcycle.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep the informant with full honour and dignity. Heard learned A.P.P. as well as learned counsel for

Patna High Court CR. MISC. No.28093 of 2019(4) dt.15-07-2019 2/3 the complainant. Learned counsel for the complainant has submitted that earlier he has not appeared before the learned court below and further in spite of direction of learned Family Court Jamui vide order dated 20.03.2018 passed in Maintenance Case No. 149 -M/2016 to pay maintenance to the complainant petitioner has not given any single penny. However, learned counsel for the complainant has submitted that the complainant also desires to live with the petitioner, if she is kept with full honour and dignity.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner and the complainant to appear before the concerned court below on 31.07.2019 and he has to pay 25% of the arrear amount of the maintenance to the complainant and at the same time. if the petitioner files a petition that he is ready to keep the complainant with himself with full honour and dignity and if he is willing to take the complainant with himself from the court itself, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and in the meantime, the court below will watch the conduct of the parties by calling the complainant and petitioner in the first week of each month for a period of six months and

Patna High Court CR. MISC. No.28093 of 2019(4) dt.15-07-2019 3/3 after six months, if the court below is satisfied with the conduct of the parties, specially the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he will pass any order as he deems fit and proper including cancellation of provisional bail of the petitioner.

With the above observation, this application is disposed of (Vinod Kumar Sinha, J) sunilkumar/- U T