Subhash Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31730 of 2015 Arising Out of PS.Case No. -513 Year- 2013 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================
1. Subhash Yadav Son of Dhanu Yadav R/o village - Chitar Sari, P.S. Kasma, District - Aurangabad ( Bihar ) .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi W/o Subhash Yadav Present R/o village - Gebal Bigha, Post - Pati, P.S. Rafiganj, District - Aurangabad ( Bihar ) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A,323 and 406 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.
The petitioner admits marriage with the complainant. On instructions, it is submitted that the
Patna High Court Cr.Misc. No.31730 of 2015 (2) dt.03-08-2015 2/3 petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 9 of the petition. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Aurangabad in connection with Complaint Case No. 513 of 2013/ Tr. No. 1994 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets
Patna High Court Cr.Misc. No.31730 of 2015 (2) dt.03-08-2015 3/3 reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T