Dharmendra Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73190 of 2018 Arising Out of PS. Case No.-342 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Dharmendra Yadav Son of Chndo Yadav Resident of Village-Asthawan, P.S. Asthawan, District -Nalanda ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Pawan Devi Wife of Dharmendra Yadav Resident of Village-Asthawan Hadarhima Tola P.S. Asthawan, Distt.-Nalanda. At present Resident of Village-Maira Bigha, P.S. Katrisarai, Distt.-Nalanda ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sudish Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Complaint Case No. 342 (C) of 2018

3. It is submitted that the petitioner has been falsely implicated as the complaint has been filed after inordinate delay in the year 2018 for the alleged occurrence of 07.04.2014. The accusations of assault are general and omnibus in nature and no accusation has been attributed to the petitioner who is the husband of the complainant. The petitioner claims lean antecedent.

4. Despite valid service of notice on the complainantopposite party no. 2, she has not entered appearance nor she is represented when the matter is called..

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.73190 of 2018(3) dt.12-03-2019 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 342(C) of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. BT/- (Vikash Jain, J) U T