Vijay Hadi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46135 of 2019 Arising Out of PS. Case No.-86 Year-2016 Thana- MAHILA PS District- Jamui ====================================================== VIJAY HADI, aged about 25 years, Male, Son of Rajendra Hadi Resident of village - Dangal Para, P.S.- Madhupur, Dist.- Deoghar, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madhu Devi, aged about 24 years, Female, Wife of Vijay Hadi , D/o Fultan hadi, Resident of village - Dangal Para, P.S.- Madhupur, Dist.- Deoghar, At Present D/o Fultan Hadi, Resident of village - Shanti Nagar, Ward No. 18, P.S.- Jamui. Dist.- Jamui.

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Jamui Mahila P.S. Case No. 86/2016 registered under Sections 323, 341, 498A and 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Petitioner happens to be the husband of informantopposite party no. 2. There are allegation that this petitioner had been demanding dowry and on non-fulfillment of the said demand the informant-opposite party no. 2 was being tortured and she has been thrown out of her matrimonial home. Learned counsel for the informant-opposite party no.

Patna High Court CR. MISC. No.46135 of 2019(3) dt.26-09-2019 2/3 2 submits that if the petitioner visits the Maike/house of the informant-opposite party no. 2 to take back his wife, she will accompany him and will go to the matrimonial home with the petitioner.

Learned counsel for the petitioner has given an undertaking that the petitioner will visit the Maike/house of informant-opposite party no. 2 within a period of three weeks from today and shall bring her back to the matrimonial home where she will be living with petitioner as wife peacefully and with full dignity and care.

In the aforementioned circumstance taking note of the submissions of the parties, let the petitioner above-named, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jamui Mahila P.S. Case No. 86/2016, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure with aforesaid undertaking which has been given by the petitioner before this court. In case, petitioner fails to abide by his undertaking and other conditions it will be open for the informant-opposite

Patna High Court CR. MISC. No.46135 of 2019(3) dt.26-09-2019 3/3 party no. 2 to take appropriate steps for cancellation of bail. The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T