Lalo Yadav @ Lallan Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.46783 of 2014 (4) dt.14-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46783 of 2014 Arising Out of PS.Case No. -34 Year- 2014 Thana -MAHILA P.S. District- SEKHPURA ======================================================

1. Lalo Yadav @ Lallan Yadav S/o Chhote Lal Yadav vill. + P.O. Cheron, P.S. Sarmera, Distt. - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shanti Devi W/o Lalo Yadav @ Lallan Yadav, D/o Naresh Yadav vill. - Manjouri, P.S. Mehush, District - Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 34 of 2014 registered for the offences punishable under Sections 498(A), 494/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that informant does not want to live with the petitioner. However, petitioner is ready to keep the informant with full dignity and honour.

Learned counsel for the informant submits that petitioner has remarried and used to subject mental torture to her, as a result of which, she was compelled to leave her matrimonial home.

Patna High Court Cr.Misc. No.46783 of 2014 (4) dt.14-09-2015 Considering the nature of allegation and counter allegation and also the fact that divorce case is pending, the petitioner is directed to deposit 15,00/- (fifteen hundred) per month in the court below by the 10th of each month beginning from today by way of interim arrangement so that the opposite party no. 2 is able to sustain herself. In the event, petitioner depositing the aforesaid amount by the end of this month, let the petitioner, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 34 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. However, it is made clear that if the petitioner fails to deposit the aforesaid amount for two consecutive months, it will be open for the opposite party no. 2 to seek modification of the present order.

(Anjana Mishra, J) Jagdish/- U T