Subhash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29587 of 2019 Arising Out of PS. Case No.-588 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== SUBHASH KUMAR YADAV Son of Binod Yadav Resident of Village - Barekha, P.S.- Triveniganj, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madhu Devi D/O - Bhupendra Yadav, W/O- Subhash Kumar Yadav Resident of Village - Tamganj, P.S.- Narpatganj, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A of the Indian Penal Code and Section 4 of the D.P. Act registered in connection with Complaint Case No. 588C of 2018.

3. It is submitted that the petitioner has been falsely implicated and this is the first complaint of its nature since the petitioner and the informant were married as far back as in the year 2014. The petitioner expresses his readiness to keep the informant with due dignity and honour and submits that it is the informant who is not willing to live with him. The petitioner claims clean antecedents.

4. Despite valid service of notice on OP No. 2 none is present on her behalf when the matter is called.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Araria in connection with Complaint Case No. 588C of 2018,

Patna High Court CR. MISC. No.29587 of 2019(4) dt.26-07-2019 2/2 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T