Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25560 of 2019 Arising Out of PS. Case No.-1708 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== Ajay Yadav, Son of Bhagawan Yadav, Resident of Bhithari, P.S-Sono, District-Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi, Wife of Ajay Yadav, Resident of Bhithari, P.S-Sono, DistrictJamui, D/o Triloki Yadav, P.S.-Jhajha, District-Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1708 C of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is that petitioner along with his family members torturing and assaulting the opposite party no.2 for demand of rupees one lakh and a motorcycle.

Submission of the learned counsel for the petitioner is that he is still ready to keep her with full dignity and care, but she is not ready to reside with him and no specific allegation either of demand or of torture has been made against the petitioner.

Heard learned A.P.P. as well as learned counsel

Patna High Court CR. MISC. No.25560 of 2019(3) dt.03-07-2019 2/2 appearing on behalf of the opposite party, who has opposed the prayer for anticipatory bail on the ground that petitioner is assaulting the opposite party no.2 and as such, she is not ready to reside with him.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Jamui, in connection with Complaint Case No. 1708 C of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that if any, maintenance case is filed by the opposite party no.2 before the Family Court and got a notice is served upon the petitioner personally, he is to co-operate with the disposal of the maintenance case and he will be abide by any order either final or interim passed by the Family Court for grant of maintenance. (Vinod Kumar Sinha, J) Sunil Shukla/- U T