Bhola Yadav @ Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42845 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MAHILA P.S. District- Nawada ====================================================== Bhola Yadav @ Krishna Yadav, S/o Saukhi Yadav, R/o Village- Bhanail, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Gaytri Devi D/o Late Binda Yadav, R/o Village Mangar Bigha, P. S. Nagar, District Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This is an application for grant of anticipatory bail in connection with (Rajauli) Mahila P.S. Case No.07 of 2019, disclosing offences under Sections 341, 323, 498A, 308, 34 of the Indian Penal Code.

As per F.I.R. there is allegation that petitioner and other family members has confined the opposite party no.2 in the house and tried to kill her by pouring the kerosene oil. She has also filed a complaint before the Mahila Police Station, but petitioner and other accused persons on furnishing bonds, taken her and again she was subjecting to cruelty and harassment. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care. Heard learned APP as well as counsel for the informant also, who has also no objection in residing with the

Patna High Court CR. MISC. No.42845 of 2019(3) dt.26-09-2019 2/2 petitioner, if she is allowed to live with dignity and care. In such view of the matter, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below by 17.10.2019 and on that day the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care, and take her from the court itself, the petitioner shall be released on provisional bail for a period of six months. During that period, both the parties shall appear before the court below, so that the court below may watch the conduct and marital relationship between the parties.

Once being satisfied with the conduct of the parties, especially, the conduct of the petitioner, the court below shall confirm the bail bonds of the petitioner, otherwise, he is free to pass any other order or orders, which may deem fit and proper, and the circumstances prevailing at that time, including cancelling the bail bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T