Udit Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47894 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- BELHAR District- Banka ====================================================== Udit Prasad Yadav S/O Shri Lal Yadav Resident Of 4th Lane, Ismile, Gurunanak Pally, Near Masipur, P.S.- Hirapur, District- West Bardwan, StateWest Bengal. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar @ Deepak Sahay, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP For the Informant :

Mr. Jitendra Kumar Sagar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The accusation is of making assault for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the informant but the informant herself does not want to live with the petitioner.

Learned counsel appearing on behalf of the informant

Patna High Court CR. MISC. No.47894 of 2022(2) dt.15-12-2022 2/3 has submitted that petitioner is in habit of making assault with the informant. Hence, out of fear of life, she does not want to live with the petitioner.

Learned counsel for the informant prays for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself .

Learned counsel appearing on behalf of the petitioner, submits that petitioner is ready to give Rupee Eight thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner. Learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 8,000/- (Eight Thousand) in every month commencing from December, 2022 as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today,

Patna High Court CR. MISC. No.47894 of 2022(2) dt.15-12-2022 3/3 shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Belhar (Khesar) P.S. Case No. 92 of 2022, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 8,000/- (for the month of December, 2022) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T