Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52060 of 2019 Arising Out of PS. Case No.-1616 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== ARUN YADAV Son of Sanchi Yadav Resident of Village- Dharampur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hiran Devi Wife of Arun Yadav and Daughter of Ashok Yadav Resident of Village- Dharampur, P.S.- Amarpur, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.1616 of 2017 registered under Sections 498A and 34 of the Indian Penal Code.

The petitioner is the husband of the complainant. The complainant alleged that she went to her sasural and led happy conjugal life for three months but thereafter her husband and other in-laws began to demand Rs.5 lacs as additional dowry. Due to non-fulfillment of additional demand of dowry, the complainant was subjected to all sorts of torture at the hands of her husband and other in-laws.

The learned counsel for the petitioner submits that the petitioner was forcibly married with the complainant on

Patna High Court CR. MISC. No.52060 of 2019(2) dt.21-08-2019 2/2 05.09.2016. The moment petitioner came out of the custody of the relatives of the complainant, the petitioner filed petition before the C.J.M., Banka on 26.03.2016. The complainant never lived in the house of the petitioner.

It appears that much prior to filing of the present case on 29.11.2017, the petitioner filed informatory petition before the Court of C.J.M. on 26.03.2016 that he was forcibly married after being kidnapped by the father and other relatives of Hiran Devi.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka in connection with Banka Complaint Case No.1616 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T