Patna High CourtCR. MISC./40541/2014bail granted

Bhola Prasad Yadav @ Bhola Yadav v. The State Of Bihar

2015-03-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40541 of 2014 Arising Out of PS.Case No. -156 Year- 2013 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Bhola Prasad Yadav @ Bhola Yadav Son of Late Janki Yadav resident of village- Amrath, P.S.- Jamui, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 156C of 2013, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The wife made allegation that she was married with the petitioner in the year 2000 and got four children. Her husband use to assault her for that she filed Complaint Case No. 1498C of 2011 and the same was compromised. Again while she was returning from the school the husband assaulted her.

Learned counsel for the petitioner submits that prior to lodging of this case the petitioner filed Matrimonial Case No. 157 of 2011 in the court of Principal Judge, Jamui under Section 9 of

Patna High Court Cr.Misc. No.40541 of 2014 (2) dt.26-03-2015 2/2 the Hindu Marriage Act for restitution of conjugal rights thereafter, this case has been filed. The petitioner is always ready to keep his wife.

It appears that on account of some family disputes this case is filed after 13 years of marriage. The petitioner and his wife are teachers.

Considering the facts aforesaid, the petitioner above named, in the event of his 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 156C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T