Virendra Yadav @ Birda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49851 of 2022 Arising Out of PS. Case No.-754 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VIRENDRA YADAV @ BIRDA YADAV S/O LATE NARAYAN YADAV Resident of village- Kadirganj Nahar Par, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MATIYA DEVI, W/O VIRENDRA YADAV @ BIRDA YADAV Resident of village- Kadirganj Nahar Par, P.S.- Dulhin Bazar, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.754 ©/2021 for the offences punishable under Sections 323, 504, 498(A) and 494 of the Indian Penal code.

3. Learned counsel appearing on behalf of the petitioner informs this Court that Opposite Party No.2 is residing at the parental home, however, the Mediation has failed because the petitioner is also having relationship with another lady, 'X'. He further submits that he has received instruction that the petitioner is ready to live along with Opposite Party No.2 and keep her with full dignity and honour and also fulfill her physical as well as financial needs. He has further undertaken to maintain his two children out of wedlock with O.P. No.2. He has also received instruction that

Patna High Court CR. MISC. No.49851 of 2022(5) dt.24-04-2023 2/2 petitioner is ready at least to provide Rs.10,000/- for proper care of the two children in an account opened for which he is ready to open a joint account with O.P. No.2 in the name of the two dependent children.

4. The Superintendent of Police, Patna must call upon the petitioner and the Opposite Party No.2 in his Chamber and must ensure that a bank account is opened so that the couple can discharge their parental obligation in raising their children.

5. The petitioner is ready to open account in a joint name each separately with two children and the Manager of the Bank must ensure to make O.P. No.2 as nominee of the two children. The learned Court below is directed to release the petitioner on prearrest bail after accepting the affidavit filed on behalf of the petitioner along with the photocopy of the passbook and is also required to physically verify the original copy of the passbook.

6. With the aforesaid observation, the present petition is disposed of.

7. The parties, if so advised may file appropriate remedy in accordance with law with respect to matrimonial dispute. (Purnendu Singh, J) sanjeev/- U