Arun Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56321 of 2018 Arising Out of PS. Case No.-78 Year-2017 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Arun Yadav S/o Sri Ram Briksh Yadav, R/o Vill.- Banoli, P.S.- Nimchak Bathani, District- Gaya.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sushila Devi W/o Arun Yadav, R/o At present R/o Vill.- Goranola, P.S.- Khizersarai, District- Gaya permanent R/o Vill.- Bandi, P.S.- Neemchak Bathani, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Sinha For the Opposite Party/s :

Mr.Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 This application, for grant of anticipatory bail, arises out of Nimchak Bathani P.S. Case No. 78 of 2017, disclosing offences under Sections 498(A), 323/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act. Petitioner happens to be husband of the informant and allegation against him and others is of threatening her and torturing her in connection with demand of dowry. Submission of learned counsel for the petitioner is that allegation is general in nature and he is still ready to keep her with full honour and dignity and considering the same, notice was issued to informant.

Heard learned A.P.P. also. It appears that a

Patna High Court CR. MISC. No.56321 of 2018(12) dt.20-11-2019 2/2 Vakalatnama has been filed on behalf of the informant but on earlier occasion, a submission was made that due to flood, she could not appears but today also, none has appeared on behalf of the petitioner.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gaya, in connection with Nimchak Bathani P.S. Case No. 78 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further subject to the condition that if informant comes and desires to live with the petitioner, petitioner has to keep her with full honour and dignity. (Vinod Kumar Sinha, J) sunilkumar/- U T