Shyam Sunder Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77062 of 2018 Arising Out of PS. Case No.-1437 Year-2012 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Shyam Sunder Yadav, Son of Basudeo Yadav, Resident of Village- Asma P.S. Pakariwarawa, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilam Devi, Wife of Awadhesh Yadav, Resident of Jaysingh Bigha (Sisma), P.S. Nawada, District Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1437 of 2012 registered under Sections 498(A) and 494 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner had filed Criminal Misc. No. 28061 of 2013 for prearrest bail of the petitioner but the same was disposed of as withdrawn on the prayer of the petitioner for compromise and amicable settlement of the dispute but the dispute could not be settled and the complainant-opposite party no. 2 has performed re-marriage and the petitioner has also performed re-marriage.

Patna High Court CR. MISC. No.77062 of 2018(3) dt.30-04-2019 2/2 Learned counsel for the opposite party no. 2 fairly submitted that the complainant-opposite party no. 2 has performed her re-marriage and petitioner has also performed remarriage and out of the wedlock, one female child was born, who is residing with complainant-opposite party no. 2. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Nawada, in connection with Complaint Case No. 1437 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T