Sujit Kumar Yadav @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50380 of 2014 Arising Out of PS.Case No. -6 Year- 2013 Thana -MAHILA THANA District- BEGUSARAI ====================================================== Sujit Kumar Yadav @ Sujit Kumar, S/o Jang Bahadur Yadav, resident of Village- Bandehra, P.S.- Pasraha, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Verma For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 21-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 494/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand and performing second marriage. The matter is being adjourned since last several occasions as the parties have decided to settle the issue in terms of payment of permanent alimony.

Counsel for the petitioner submits that the petitioner is not in a position right now to make payment of

Patna High Court Cr.Misc. No.50380 of 2014 (6) dt.21-09-2015 2/2 permanent alimony. It is not in dispute that the petitioner and the informant both have performed second marriage. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his 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 Sub-divisional Judicial Magistrate, Begusarai in connection with Begusarai Mahila P.S. Case No. 06 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The present order will not preclude the parties to resolve the issue otherwise.

DKS/ (Dinesh Kumar Singh, J.) U T