Santosh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16288 of 2016 Arising Out of PS.Case No. -301 Year- 2009 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Santosh Yadav S/o- Bachha Lal Yadav, Resident of village- Dharhara, Tola Chiknapatti, P.S. Raghopur, District- Supaul .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranju Devi D/o- Rajo Yadav, W/o Santosh Yadav, resident of villageTintolia, P.S.- Pratapganj, District- Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. This is a case under Section 498A of the Indian Penal Code. The petitioner is the husband.

Notice was served on the opposite party no. 2, who is the wife of the petitioner, but no one appears. Submission of the petitioner is that since the opposite party no. 2 has already married with some other person she would not appear in this case.

Considering the aforesaid submission, let the

Patna High Court Cr.Misc. No.16288 of 2016 (4) dt.11-05-2017 2/2 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Birpur at Supaul/successor Court in connection with Complaint Case No. 301C of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T