Yogesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37507 of 2014 ====================================================== Yogesh Yadav son of Achaybar Yadav, resident of Village-Bhengari, P.S.- Kham Paar, District-Deoria(U.P).

.... .... Petitioner

Versus

1. The State of Bihar

2. Mina Devi wife of Yogesh Yadav .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ghulam Rabbani, Adv For the Informant : Mr. Shanti Kumar, Adv For the Opposite Parties : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2015 The present application has been filed for modification of the order dated 17.04.2013 passed in Cr. Misc. No. 11184 of 2013, whereby the petitioner being husband of the O.P. No. 2 was granted provisional bail in a case registered under Sections 323, 341, 406, 498A of the I.P.C and 3⁄4 of the Dowry Prohibition Act. The provisional bail was to be confirmed by learned Court below on substantial restoration of matrimonial harmony or the informant deliberately refuses to reside with the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is still ready to keep O.P. No. 2 as wife with full dignity and honour. The offer is acceptable to the learned counsel appearing on behalf of O.P. No. 2. It is further submitted that bail bonds of the petitioner has still not been cancelled.

Both sides agree to appear before learned

Patna High Court Cr.Misc. No.37507 of 2014 (3) dt.07-01-2015 2/2 Court below on 27th of January, 2015 when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

The order dated 17.04.2013 passed in Cr.

Misc. No. 11184 of 2013 is modified to the extent that the provisional bail of the petitioner is extended till 1st of July, 2015.

The provisional bail of the petitioner will be confirmed by learned Court below on substantial restoration of matrimonial harmony or the informant fails to appear on the date fixed or gets reluctant to settle the dispute. It is made clear that no modification application will be entertain henceforth.

Accordingly the application is disposed off in connection with Mirganj P.S. Case No. 86 of 2012, pending in the Court of learned Sub-Divisional Judicial Magistrate, Gopalganj.

(Dinesh Kumar Singh, J) Shageer/- U T