Chandeshwar Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16615 of 2015 Arising Out of PS.Case No. -2817 Year- 2009 Thana -GOPALGANJ COMPLAINT CASE District- GOPALGANJ ======================================================

1. Chandeshwar Yadav S/o Late Rambali Yadav

2. Sharda Devi W/o Nathuni Yadav Both are Resident of village - Galimpur, P.S. Nautan Bazar, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Leelawati Devi W/o Chandeshwar Yadav Resident of village - Galimpur, P.S. Nautan Bazar, District - Siwan at present - Raj Ghat, P.S. Meerganj, District - Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2015 Heard both sides.

The petitioners apprehend their arrest in Complaint Case no. 2817 of 2009, registered for the offences punishable under Section 498 A of the Indian Penal Code. The complainant has made allegation that her husbandpetitioner Chandeshwar Yadav solemnized second marriage and thereafter subjected her to physical and mental torture and ousted her from his house. She has a female child of 11 years. The learned counsel for the petitioner submits that the petitioner is ready to keep his wife but the petitioner has already solemnized second marriage.

Patna High Court Cr.Misc. No.16615 of 2015 (2) dt.04-05-2015 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner no. 1 on anticipatory bail. Accordingly, the same is rejected.

Petitioner no. 2 is Sister-in-law (Gotni) of the complainant.

Considering the facts aforesaid and nature of allegation, petitioner no. 2 in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No. 2817 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi/- U T