Pandav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60185 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== PANDAV YADAV Son of Sakal Dev Yadav R/o village - Araria, P.S.- Parbatta, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Adv For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 323, 498A, 494, 307/34 of the IPC and Section 3/4 of Dowry Prohibition Act. Informant Manjuli Kumari is wife of the petitioner. After five years of marriage, petitioner got another married with Khusboo Kumari in August 2020. Allegation against the petitioner and his family members is that they used to demand Rs. 4,00,000/-cash and ornaments chain and ring as dowry. The informant showed inability to fulfill the said demand. As a result of which accused persons assaulter her and tried to kill her by

Patna High Court CR. MISC. No.60185 of 2021(5) dt.12-05-2022 2/3 hanging.

Learned counsel appearing for the petitioner submits that the petitioner has got one criminal antecedent. He has falsely been implicated in the present case. He further submits that in fact the marriage of the informant performed in 2016 and there was no complain and the petitioner is husband of the informant. Learned counsel for the petitioner submits that on instruction he is ready to pay Rs.Three Lacs to the informant as one time settlement. Petitioner is in custody since 26.06.2021. Learned counsel for the informant accepts the offer of the learned counsel for the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Parbatta (Maraiya) P.S. Case No. 12 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.60185 of 2021(5) dt.12-05-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) The petitioner shall pay Rs.50,000/-by way of demand draft in favour of the informant at the time of furnishing bail bonds for his release and after being released on bail he shall pay further Rs. 2,50,000/-by way of demand draft in favour of the informant in three installments within three months.

(4) The informant may cooperate for dissolving the marriage in accordance with law.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T