Patna High CourtCR. MISC./1851/2015disposed

Manoj Yadav v. The State Of Bihar

2017-02-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1851 of 2015 Arising Out of PS.Case No. -518 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Manoj Yadav, S/o - Mako Yadav, resident of village - Kapeta, Police Station - Chakai, District - Jamui .... Petitioner

Versus

1. The State of Bihar

2. Khushbu Devi, w/o Manoj Yadav, resident of Kapeta, Police Station - Chakai, District - Jamui, present address daughter of Bigho Yadav, resident of village Kohbaratarh (Mangwadih), P.S. Chakai, district Jamui .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Amrendra Kumar, Adv. For the Opposite Parties : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offences under Sections 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant, Khushbu Devi. There is allegation of demand of dowry and torture for the same.

Submission of the petitioner is that notice was issued to opposite party no. 2, but, she has not appeared as she has already married with some other person.

The petitioner was directed to pay Rs.750/- to the wife-complainant by order, dated 16.01.2015. It is not clear whether the petitioner is paying the said amount or not. The petitioner was on provisional anticipatory bail by the same order. Since, opposite party no. 2 has not appeared, let the provisional anticipatory bail of the petitioner be confirmed by the Court below after satisfaction that the petitioner has paid the

Patna High Court Cr.Misc. No.1851 of 2015 (9) dt.17-02-2017 2/2 maintenance amount in pursuance of order, dated 16.01.2015 and if the petitioner has not paid the same, the Court below shall cancel the provisional anticipatory bail, granted to the petitioner. With these observations, this application stands disposed of.

(Birendra Kumar, J) SA/- U √ T √