Dilip Kumar Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54841 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -PATNA CITY CHOWK District- PATNA ======================================================
1. Dilip Kumar Yadav son of late Ram Sewak Rai, resident of MohallaKaima Sikoh, P.S. Chowk, Dist- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shikha Devi Wife of Dilip Kumar Yadav, resident of Mohalla- Kaima Sikoh, P.S. Chowk, Dist- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner being husband of the informant (opposite party no. 2) is languishing in jail custody since 07.08.2015 in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code.
Earlier informant filed complaint case bearing Complaint Case No. 225 of 2011 against the petitioner and others and in the aforesaid case, due to intervention of the court, petitioner took the informant to her matrimonial home but again informant lodged this case under Section 498A/34 of the Indian
Patna High Court Cr.Misc. No.54841 of 2015 (2) dt.10-12-2015 2/2 Penal Code on the allegation that she was subjected to cruelty and harassment by petitioner and his other family members. It appears that there is no possibility of reconciliation between the parties.
Learned counsel for the informant submits that petitioner does not maintain the informant as well as her son but in my view, to get maintenance, the informant may file a separate case under the relevant provision.
Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna in connection with Chowk P.S. Case No. 38 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T