Bablu Yadav @ Babloo Yadav @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 30055 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA P.S. District- Nawada ====================================================== BABLU YADAV @ BABLOO YADAV @ BABLU KUMAR S/o Sri Ganesh Yadav Resident of Village- Simarkol, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Puja Devi W/o Bablu Yadav Resident of Village- Simarkol, P.S.- Rajauli, District- Nawada, At Present D/o Ramdhani Yadav, R/o Village- Govind Bigaha, P.O. Pithauri, P.S.- Akbarpur, District- Nawada. Mobile No.9910358771 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Arjun Prasad, Advocate For the Opposite Party/s :
Ms Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.
Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner apprehends arrest in connection with Mahila Police Station (for brevity, PS) Case No 17 of 2019,
Patna High Court CR. MISC. No.30055 of 2020(2) dt.23-12-2020 2/3 instituted for the offence punishable under Sections 341, 323, 504, 494, 498A/34 of Indian Penal Code (for brevity, IPC) and Sections 3⁄4 of Dowry Prohibition Act.
Petitioner's counsel submits that being husband, petitioner is willing to keep the informant along with him and ensure restoration of matrimonial harmony. It is submitted that the case under Sections 341, 323, 504, 494, 498A/34 of IPC has been lodged merely on the basis of some domestic misunderstanding.
The petitioner, in the circumstances, may surrender before the Court below within four weeks from today. If the petitioner surrenders in the Court of Sub Divisional Judicial Magistrate, Nawada in connection with Mahila PS Case No 17 of 2019, he may be allowed the benefit of provisional bail for a period of three months so that an amicable resolution of the dispute is arrived at, where after the Court below may confirm the provisional bail. In the event, issue is not resolved between the petitioner and informant within three months' period, it is needless to say that the Court below would be at liberty to exercise its judicial discretion to pass orders in the matter, which include cancellation of bail.
Patna High Court CR. MISC. No.30055 of 2020(2) dt.23-12-2020 3/3 This application stands disposed of in the above noted terms.
(Madhuresh Prasad, J) M.E.H./- U T