Chandeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35912 of 2019 Arising Out of PS. Case No.-2817 Year-2009 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== CHANDESHWAR YADAV, Son of Late Rambali Yadav, Resident of VillageGalimpur, Police Station- Nautan Bazar, District- Siwan, at present resident of Siswan Dhala, Police Station- Sadar, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lilawati Devi, wife of Chandeshwar Yadav, Daughter of Chandrika Yadav At present resident of Rajghat, Police Station- Meerganj, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate For Opposite Party No.1 :

Mr. Shantanu Kumar, APP For Opposite Party No.2 :

Mr. Pramod Ban Bihari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 02-09-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for Opposite Party No.2. Petitioner seeks bail in Tr. No.300 of 2018 arising out of Complaint Case No.2817 of 2009 instituted for the offence under Section(s) 498-A Indian Penal Code. It is alleged in the Complaint Petition that Complainant was married with this petitioner about 14 years back. They have one female child of eleven years from wedlock. The Complainant was tortured for demand of dowry and, ultimately, she was ousted from the house.

Counsel for the petitioner submits that petitioner is ready to keep the Complainant with full dignity and honour.

Patna High Court CR. MISC. No.35912 of 2019(5) dt.02-09-2019 2/2 Counsel for the Complainant submits that she is also ready to live with the petitioner.

In such circumstances, the petitioner, above named, is directed to be released on provisional bail for a period of six months to be calculated from the date of his release on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Gopalganj, in connection with Tr. No.300 of 2018 arising out of Complaint Case No.2817 of 2009, subject to the condition that both the bailors shall be close relative of the petitioner. In the meanwhile, the petitioner will take back his wife with him and both will live together. The Court below will monitor the relationship by calling both of them in Court every month. In the event good conjugal relationship is restored between the spouses or good conjugal relationship could not be restored on account of indifferent attitude of the wife, provisional bail of the petitioner will be confirmed after six months.

(Sanjay Priya, J) J. Alam/- U T