Jitendra Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38799 of 2015 Arising Out of PS.Case No. -245 Year- 2013 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Jitendra Yadav son of Baidyanath Yadav, resident of villageLachhnauta, P.S.- Jogapatti (Shanichari), District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rita Devi wife of Jitendra Yadav and daughter of Sri Suresh Yadav, resident of village- Bagahi, Gyani Ji Ke Tola, P.S.- Bairiya, DistrictWest Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. On submission of the counsel for the petitioner that informant after deserting the petitioner has performed second marriage, notices were issued to the informant vide order dated 26.08.2015. The office note dated 29.01.2016 reflects that notices were received by the father of the informant. Thereafter fresh notices were issued to the informant/O.P. No. 2 vide order dated 11.02.2016. Second time
Patna High Court Cr.Misc. No.38799 of 2015 (7) dt.01-08-2016 2/2 the notices were received by the brother of the informant. A supplementary affidavit has been filed to the effect that informant is joint with her brother. In the circumstance, the notices issued to the informant/O.P. No. 2 is treated to be a deemed valid service. It is submitted by learned counsel for the petitioner that informant is deliberately not appearing since she has performed second marriage.
Considering the nature of accusation and the fact that informant chose not to appear after valid service of notice, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogapatti (Shanichari) P.S. Case No. 245 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T