Deepak Kumar Yadav @ Deekak Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19351 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Deepak Kumar Yadav @ Deekak Kumar, son of Amrit Yadav, resident of Village Turi Kala, P.S. Magadh University, District - Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sumitra Devi W/o Deepak Kumar Yadav Resident of Village - Turi Kala, P.S. - Magadh University, District - Gaya at present resides at Village - Sunder Kumhari, P.S. - Barachatti, District - Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Barachatti P.S.Case No. 54 of 2016 registered for the offences punishable under Section 498A, 323 and 379/34 of the Indian Penal Code.

Petitioner is the husband and there is allegation of cruelty and torture against him.

It has been submitted on behalf of the petitioner that petitioner is still ready to keep opposite party No.2. However, from perusal of the impugned order it appears that earlier petitioner promised to bring his wife with him but he was not ready to go with his wife.

Patna High Court Cr.Misc. No.19351 of 2017 (2) dt.11-05-2017 2/2 Considering this aspect of the matter, let petitioner, named above, surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order and file a petition stating that he is ready to keep his wife with all dignities and care and once petition is filed in presence of opposite party No.2 the learned court below will release the petitioner on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 54 of 2016 and the court below will watch the conduct of the parties for a period of six months by calling them on a date fixed in every month and once the court is satisfied about their conduct he will confirm his bail bond, otherwise he may pass any order/orders as he may deem fit and proper.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U