Deelip Kumar Yadav @ Dilip Yadav @ Dileep Kumar Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3628 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. DEELIP KUMAR YADAV @ DILIP YADAV @ DILEEP KUMAR YADAV Son of Abdesh Yadav, resident of Meghbari Tole Kalyanpur, P.S.- Jay Nagar, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Poonam Devi wife of Dilip Mandal @ Deelip Kumar Yadav resident of village- Meghbari Tole Kalyanpur, P.S.- Jay Nagar, District- Madhubani .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending arrest in a case registered for the offence punishable under Sections 341,342,379 and 498A/34 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.
On instructions, it is submitted that the petitione admits his marriage with the informant and is ready to keep
Patna High Court Cr.Misc. No.3628 of 2016 (2) dt.22-01-2016 2/3 the informant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition which reads as follows:
"That petitioner is husband of the opposite party no. 2 and he is ready to keep his wife with all respect." It is further submitted that compromise petition has also been filed before the learned court below. 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 SDJM Madhubani in connection with Jay Nagar P.S. Case No. 157 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the informant and on her appearance the petitioner will take the informant 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
Patna High Court Cr.Misc. No.3628 of 2016 (2) dt.22-01-2016 3/3 the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T