Laleshwar Yadav @ Lalo Yadav @ Lal Yadav @ Laleshwar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36829 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -MAHILA P.S District- SUPAUL ====================================================== Laleshwar Yadav @ Lalo Yadav @ Lal Yadav @ Laleshwar, Son of Bholi Yadav, Resident of Village- Kumhet, P.S.- Supaul, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Vibha Devi, Wife of Laleshwar @ Lalo Yadav, Daughter of Hari Lal Yadav, Resident of Village- Kumhet, Post- Loudh, P.S.- Supaul, District- Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-06-2018 Heard learned counsels for the petitioner, State and the informant.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 342, 448, 497, 504, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
The accusation of torture and demand of further dowry has been made after 16 years of the marriage. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the
Patna High Court Cr.Misc. No.36829 of 2018 (2) dt.28-06-2018 informant and the birth of a male child and is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 10 of the petition, which reads as follows:- "That it is stated that the petitioner is ready to keep his wife (the informant) with full honour and dignity."
Learned counsel for the informant submits that the informant accepts the offer of the petitioner. Both sides agree to appear before the learned Court below on 16th of July, 2018 when the petitioner will take the informant to keep her as wife with full dignity and honour. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case No. 25 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be
Patna High Court Cr.Misc. No.36829 of 2018 (2) dt.28-06-2018 confirmed by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the informant gets reluctant to reconcile the issue; and (iii) or if the informant fails to appear before the learned Court below. (Dinesh Kumar Singh, J) DKS/- U T