Mithilesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.3942 of 2017 (8) dt.18-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3942 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -HUSAINGANJ District- SIWAN ====================================================== Mithilesh Yadav, Son of Puran Yadav, Resident of Village- Habi Nagar, P.S.- Hussainganj, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate. For the Opposite Party/s : Mr. Ajay Kuamr Pandey, Advocate. For the State : Mr. Sri Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 100 of 2016, registered under Section 498(A)/34 of the Indian Penal Code.

The accusation is of torturing the informant by her husband and in-laws due to non-fulfillment of demand of dowry and also to remove from her matrimonial house. Learned counsel for the petitioner submits that petitioner is ready to take his wife-informant with full dignity and honour but the informant does not want to live with this petitioner. Further submission is that vide order dated 17.07.2017, one month

Patna High Court Cr.Misc. No.3942 of 2017 (8) dt.18-08-2017 time was allowed on the prayer of the petitioner to approach his wife at her 'Maika' to take her at matrimonial house and accordingly petitioner went at the 'Maila' of his wife but she was not ready to live with the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S. Case No. 100 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T