Akhilesh Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3896 of 2015 Arising Out of PS.Case No. -525 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Amaresh Yadav .... .... Petitioner.
Versus
1. The State of Bihar.
2. Ramrati Devi.
.... .... Opposite Parties.
====================================================== with Criminal Miscellaneous No.3411 of 2015 Arising Out of PS.Case No. -525 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================
1. Akhilesh Yadav.
2. Saryu Yadav @ Saryu Pd. Yadav .
3. Suggi Kumari.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Ramrati Devi.
.... .... Opposite Parties.
====================================================== Appearance :
(In Cr.Misc. No.3896 of 2015) For the Petitioner : Mr. Sanjay Kr. Sinha, Advocate. For the complainant : Mr. Ajay Kumar Sinha, Advocate. For the State : Mr. Pramod Kr.Panday(App) (In Cr.Misc. No.3411 of 2015) For the Petitioners : Mr. Sanjay Kr. Sinha, Advocate. For the complainant : Mr. Ajay Kr. Sinha, Advocate. For the State : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2015 Heard learned counsels for the petitioners, complainant and the State.
The petitioners being the brother, father, second wife of the husband of the complainant and husband himself are apprehending their arrest in a complaint case in which processes have been directed
Patna High Court Cr.Misc. No.3896 of 2015 (3) dt.19-02-2015 2 / 3 to be issued after cognizance being taken for the offences punishable under Sections 498(A), 494, 109 of the Indian Penal Code and 4 of the D. P. Act. The accusations are of torture and performing second marriage.
Since the petitioner Amaresh Yadav has performed second marriage hence reconciliation is not feasible. The husband of the complainant is a railway employee.
The petitioner Amaresh Yadav offers to make payment of Rs. 4000/- per month to the complainant from March, 2015 by depositing the same in the bank account of the complainant by second week of every month. Learned counsel for the complainant on instruction, accepts the offer of the petitioner Amaresh Yadav and undertakes to supply the bank account number of the complainant by filing the same on affidavit within a period of three weeks before the learned court below.
Considering the present stand of the parties, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 525 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of
Patna High Court Cr.Misc. No.3896 of 2015 (3) dt.19-02-2015 3 / 3 the like amount each to the satisfaction of the learned S.D.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceedings.
Three consecutive defaults in making payment will create liberty to the complainant to file an application for cancellation of bail of petitioner Amaresh Yadav.
U.K./- (Dinesh Kumar Singh, J) U T