Girish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29147 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MAHILA P.S. District- Nawada ====================================================== GIRISH YADAV, Son of Chando Yadav, Resident of Village - Arsaniya, P.S.- Pakribarawan, Dist.- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupam Kumari, Wife of Girish Yadav , D/o Nand Kishore Yadav, Resident of Village - Fataha, P.S.- Warisaliganj, Dist.- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 11 of 2019 disclosing offences under Sections 341, 323, 379, 498A, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to cruelty and assault her on the pretext of demand of dowry and a Panchayati was also organized and thereafter she lived two days and again assaulted her due to the said demand. Submission of the learned counsel for the petitioner is that the whole allegations are false and concocted. As a matter of fact, petitioner has taken her mobile and due to that she left his house. Thereafter, a petition under Section 9 of the Hindu

Patna High Court CR. MISC. No.29147 of 2019(3) dt.18-07-2019 2/2 Marriage Act has already been filed by the petitioner, but the opposite party no.2 thereafter, lodged the present case. He is still ready to keep her with dignity and care.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has no objection for residing with the petitioner.

In such view of the matter, let the opposite party no.2 is directed to appear in the matrimonial case on the next date, which is fixed for 29.07.2019 and the learned Family Court will consider the aforesaid aspect of the matter, pass an appropriate order.

Accordingly, this application is allowed. Petitioner, above named, is directed to be released on bail to the satisfaction of the learned court below with the condition that he has to co-operate with the opposite party no.2, once she appeared in Matrimonial Case No. 243 of 2018. (Vinod Kumar Sinha, J) Sunil Shukla/- U T