Lalit Kumar Yadav @ Laddu Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14102 of 2016 Arising Out of PS.Case No. -271 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Lalit Kumar Yadav @ Laddu Yadav, son of Janardan Yadav, resident of Village-Banskola, P.S.-Kahalgaon, District-Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rubi Devi, daughter of Ayodhya Prasad Yadav, wife of Lalit Kumar Yadav, resident of Village+P.S.-Sahebganj, District-Sahebganj, Jharkhand .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 313, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand and getting the pregnancy terminated.
It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has
Patna High Court Cr.Misc. No.14102 of 2016 (2) dt.31-03-2016 2/3 been made in para 9 of the petition which reads as follows:- "That it is stated that the petitioner is still ready to keep her with dignity, if she is ready to live with her husband"
It is further submitted that on conclusion of the investigation the accusation under Sections 313/34 I.P.C has not been found true and the charge sheet has been submitted under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 271 of 2015.
Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial
Patna High Court Cr.Misc. No.14102 of 2016 (2) dt.31-03-2016 3/3 harmony within a period of one year (ii) If the informant fails to appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Shageer/- U T