Balram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52484 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- BARDAHA District- Araria ====================================================== Balram Yadav, aged about 28 years, Male, S/o Rohit Yadav R/O VillageMasunda, Ward No 7, Police Station- Sikti, District- Araria,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar APP Mr. Madhav Jha, Advocate Mr. Gopal Krishna Nishant, Advocate Mr. Ratnakar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner, learned counsel for the O. P. No. 2 and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bardaha PS Case No. 36 of 2025 dated 25.5.2025 instituted for the offence punishable under Sections 69/3(5) of the BNS 2023.

3. The prosecution case, in brief, is that the petitioner, who is the dewar of the informant's sister, had been in a love relationship with the informant since 2023. It is further alleged that petitioner continuously talking with her and established physical relations with her on the assurance of marriage. The

2/4 informant further alleged that on 20.05.2025 the petitioner came to her house and tried to convince her to left the home, which she refused. Thereafter, he took her to a Shiv Mandir, applied vermilion in the parting of her hair, and lived with her as husband and wife for four to five days, during which they again established physical relations. It is alleged that when the petitioner's father, Rohit Yadav, got information about these facts, he tried to save his son and denied the existence of any marriage. Under his father's influence, the petitioner subsequently refused to solemnize the marriage.

4. Learned counsel for the petitioner submits that the petitioner is the husband of opposite party no. 2 and is willing to keep her with full dignity and honour. It is further submitted that a compromise has been arrived at between the parties and a joint compromise petition has been filed before the Court of the Judicial Magistrate, Araria. A Xerox copy of the certified copy of the compromise petition dated 23.08.2025 has been annexed as Annexure P/3 to the supplementary affidavit.

5. Learned counsel for opposite party no. 2 does not dispute the submissions made on behalf of the petitioner and states that the matter has already been amicably settled between the parties.

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6. Learned APP further submits that since the dispute has already been resolved between the parties and opposite party no. 2 is willing to reside with the petitioner, the Court may pass an appropriate order 7.Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail provisional bail for a period of six months upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria, in Bardaha PS Case No. 36 of 2025.

8. It is made clear that at the time of furnishing the bail bond, both the petitioner and Opposite Party No. 2 shall appear before the Court on 18.11.2025. On that date, the petitioner shall take Opposite Party No. 2 (his wife) along with him from the Court premises, ensuring that she is treated with full dignity and respect. The Trial Court shall monitor the conduct of both the petitioner and Opposite Party No. 2 for a period of six months. If no complaint is received from Opposite Party No. 2 during this period, the provisional bail granted to the petitioner shall stand confirmed.

9. It is expected that opposite party no. 2 will also

4/4 cooperate with the petitioner in restoring normal matrimonial relations between them.

10. The application stands disposed of.

(Khatim Reza, J) shyambihari/- U T