Sikandar Yadav @ Sakindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35781 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- MAHILA PS District- Jamui ====================================================== Sikandar Yadav @ Sakindra Yadav, Son of Rameshwar Yadav, Resident of Village- Medho Chaparkho, P.S.- jamua, District- Giridih. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 This is an application for grant of anticipatory bail in connection with Jamui P.S. Case No. 81 of 2018, disclosing offences under Sections 323, 379, 504, 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of demand of one motorcycle, due to non-fulfillment, assaulting the informant for the same.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care.

On the other hand, the opposite party no.2 has appeared and opposed the prayer for anticipatory bail on the ground that one side he is taking plea that he is ready to keep her, another side he has filed an application for divorce, which is pending. On that the learned counsel for the petitioner has stated

Patna High Court CR. MISC. No.35781 of 2019(6) dt.06-09-2019 2/2 that he will withdraw the divorce application filed by the petitioner against the informant.

Having heard both sides, considering the above facts, if the petitioner withdraw the divorce application and surrender by 19.09.2019, on that day, the opposite party no.2 shall also remain present there and if the petitioner filed an affidavit that he is still ready to keep her with dignity and care and will take her from the court itself, he will be released on provisional bail to the satisfaction of the court below for a period of six months. During that period both the parties shall appear in the second week of each month before the learned court below, so that the court below may watch their conducts and once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner otherwise is free to pass any other orders, which may be deemed fit and proper, including cancelling the bail bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T