Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40012 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== 1.

Prakash Yadav, aged about 60 years (male), Son of Late Ramawatar Yadav 2.

Sushila Devi, aged about 55 years (female) Wife of Prakash Yadav Both resident of Village Alauli, P.S. Alauli, Dist. Khagaria. 3.

Lakshmi Devi, aged about 30 years (female), Wife of Bimal Yadav Resident of Village- Ladaura, P.S.- Alauli, District- Khagaria. 4.

Ajay Yadav, aged about 40 years (male) Son of Surendra Yadav Resident of Village- Salkhua, P.S.- Salkhua, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Informant :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Mahila P.S. Case No. 14 of 2019 (G.R. No. 541 of 2019) registered for offences under sections 498(A)/34 of the Indian Penal Code.

The petitioner nos. 1 & 2 are father-in-law and mother-in-law respectively. The husband is not present and they have made a statement that the Complainant is at liberty to stay in the house and they will look after her interest and they will

Patna High Court CR. MISC. No.40012 of 2019(3) dt.16-07-2019 2/3 also ensure that she will not be disturbed by any family members including the husband and she will live a peaceful life with proper dignity and security.

In view of the above, let the Complainant should remain present, in person, before the court below on 9.8.2019 and, on that day, Prakash Yadav, petitioner no.1, will also appear there and from the court itself, Prakash Yadav will carry his daughter-in-law, the Complainant, to his house and will keep her in a proper manner.

In view of the statement made at Bar, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Mahila P.S. Case No. 14 of 2019 (G.R. No. 541 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

Patna High Court CR. MISC. No.40012 of 2019(3) dt.16-07-2019 3/3 In the event, Prakash Yadav, the petitioner no.1, fails to appear or he fails to keep the Complainant in a proper manner then the Complainant will have a liberty to make a complaint before the court below and the court below will also be at liberty to pass any order including cancellation of the bail of Prakash Yadav.

If the Complainant fails to appear before the court below or the Complainant refuses to go along with Prakash Yadav, in that circumstances, the condition, stated above, will not be applicable against Prakash Yadav.

(Shivaji Pandey, J) rishi/- U T