Sinku Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26888 of 2014 Arising Out of PS.Case No. -193 Year- 2013 Thana -SAUR BAZAR District- SAHARSA ====================================================== Sinku Yadav son of Satto Yadav resident of village - Bakhari, Police Station - Sour Bazar, District - Saharsa .... .... Petitioner
Versus
1. The State of Bihar
2. Nilu Devi wife of Sinku Yadav resident of village - Bakhari, Police Station - Sour Bazar, District - Saharsa .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Mr. Jitendra Kumar Singh, APP For the O.P. No.2 : Mr. Raja Surendra Mohan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 379, 494, 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Sour Bazar P.S. Case No. 193 of 2013.
3. It is submitted that the petitioner was married to Kumari Juli on 24.05.2013 but soon thereafter on 28.05.2013 he was kidnapped and forcibly married with the complainant/informant by her father and other persons.
4. Learned counsel for the opposite party no.2 appears and opposes the anticipatory bail petition stating that she
Patna High Court Cr.Misc. No.26888 of 2014 (3) dt.26-08-2015 2/2 has legally been married with the petitioner and she is the first wife of the petitioner. A counter affidavit has also been filed. 5.. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 19.11.2014 pending in the Court of Sri A. Kumar, learned Judicial Magistrate, Ist Class, Saharsa in connection with Sour Bazar P.S. Case No.193 of 2013 stands hereby confirmed, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) B.T/- U T