Karu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41250 of 2023 Arising Out of PS. Case No.-1242 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== KARU YADAV son of Late Ram Lakhan Yadav Village- Baiju Bigha PsBodhgaya Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shanti Devi wife of Karu Yadav Village- Baiju Bigha Ps- Bodhgaya DistGaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar For the Opposite Party/s :
Mr.Nityanand Mr.Gopal Jee ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 323, 324, 504, 498(A) of the Indian Penal Code.
3. It is alleged that the complainant was subjected to cruelty and harassment due to non-fulfillment of demand of dowry.
4. It is submitted on behalf of petitioner that complainant is in habit of filing such types of cases. Earlier, twice the complainant had filed case against the petitioner with similar allegation, vide Bodhgaya P.S. Case No. 43 of 2016, in which he is on bail and Civil Lines P.S. Case No. 305 of 2019.
Patna High Court CR. MISC. No.41250 of 2023(3) dt.17-10-2023 2/2 Later on, complainant filed a maintenance case, vide Maintenance Case No. 35 of 2016 in the court of learned Principal Judge, Family Court, Gaya, and in the maintenance case, the petitioner was directed to pay Rs. 20,000/- per month to the complainant, which he is continuously paying to her. As a matter of fact, this case is triable by the learned Magistrate.
5. Learned counsel for the State and complainant vehemently opposed the prayer for anticipatory bail.
6. However, considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned J.M. 1st Class, Gaya in connection with Complaint Case No. 1242 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T