← Library
Patna High CourtCR. MISC./28302/2020disposed

Rakesh Yadav @ Chhote Yadav v. The State Of Bihar

2021-03-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28302 of 2020 Arising Out of PS. Case No.-1144 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== RAKESH YADAV @ CHHOTE YADAV S/o Mohan Yadav Resident of Village-Khiriya Machhargawan, P.S.-Bagaha, District-West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar 2.Rani Devi, Wife of Rakesh Yadav @ Chhote Yadav, D/o Madhuban Yadav, R/o Village-Padarkhap, P.S.-Bhairoganj, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mitali, Adv For the Opposite Party/s :

Mr.Milind Kumar Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of IPC and 3/4 of Dowry Act.

Opposite party No.2 has already appeared. This is a case under Section 498A IPC There is chances of settlement between the parties, hence let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of

Patna High Court CR. MISC. No.28302 of 2020(4) dt.17-03-2021 2/2 Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Tr. No. 3563 of 2019 arising out of Complaint Case No.1144(c) of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner. The parties shall voluntarily appear before the learned court below on the date fixed for reconciliation.

If the petitioner would be non-cooperative, the provisional anticipatory bail of the petitioner shall be cancelled by the learned court below itself. If the wife would not cooperate in the settlement of dispute, the learned court below shall confirm the provisional anticipatory bail of the petitioner.