Guddu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77924 of 2018 Arising Out of PS. Case No.-354 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Guddu Yadav, son of Parmeshwar Yadav, all Resident of village- Sadhochak, P.S.- Magadh Medical, District- Gaya.

... ... Petitioner/s

Versus

1. State of Bihar

2. Phulan Devi, D/o Late Sukhdeo Yadav, W/o Guddu Yadav, R/o VillageSadhochak, P.S.-Magadh Medical College, District-Gaya, Presently R/O Vilalge- Moratal, P.S.-Bodh Gaya, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 354 of 2016 Tr. No. 3523 of 2016 registered under Section 498A of the Indian Penal Code.

Allegation against the petitioner as alleged in the complaint filed by the complainant/wife is that petitioner solemnised marriage with her in the year 2009 according to Hindu rites and gifts in the form of cash as well as articles were given to him. It has further been alleged that subsequently petitioner along with other accused persons demanded dowry of Rs. One lac from the complainant and due to non-fulfillment of the same, petitioner and others started torturing the complainant physically and mentally.

Patna High Court CR. MISC. No.77924 of 2018(9) dt.16-07-2019 2/2 Learned counsel for the petitioner submits that petitioner is ready to keep his wife which he has stated in para-8 of this application, however, despite service of notice upon O.P. No. 2, she has chosen not to appear before this Court. Learned counsel accordingly submits that it appears that O.P.No. 2 is not willing to reside with the petitioner.

After having heard learned counsel for the petitioner and taking into consideration the fact that despite service of notice upon O.P.No. 2, she is not appearing and the allegation appears to be general and omnibus in nature against the petitioner as well as his other family members also, accordingly, I am inclined to grant anticipatory bail to the petitioners. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Gaya in connection with Complaint Case NO. 354 of 2016; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T