Santosh Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.7384 of 2017 (3) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7384 of 2017 Arising Out of PS.Case No. -447 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Santosh Yadav, son of Harinandan Yadav, R/o Vill- Aandhu Samani, P.S.- Tankuppa, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Munni Devi, W/o Sri Santosh Yadav and D/o Late Ram Brichhi Yadav, resident of Village- Shilla, P.S.- Fatehpur at District- Gaya. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Complaint Case No. 447 of 2014 registered for the offences punishable under Sections 498A, 323, 307, 380 and 504 of the Indian Penal Code. Complainant Munni Devi was married with the petitioner in the year 2003 and thereafter, the petitioner started demanding motorcycle and cash of Rs. 1,00,000/- and due to non-fulfillment she was assaulted and abused and ultimately she was ousted from the in-laws house and the petitioner has remarried with another girl.

Submission is of false implication and that the petitioner is suffering in custody since 09.12.2016, the petitioner is ready to

Patna High Court Cr.Misc. No.7384 of 2017 (3) dt.18-03-2017 keep the complainant as his wife with dignity and honour but she is not ready to live with the petitioner and as such he deserves sympathetic consideration.

Learned APP duly assisted by learned counsel for the complainant opposes the prayer of bail by submitting that the petitioner has re-married with another girl.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Sarika Vehalia, J. M. Ist Class, Gaya in connection with Complaint Case No. 447 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T