Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57495 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== DEVENDRA YADAV Son of Jimedar Yadav Resident of Village - Shivnagar, P.S. - Benipatti, Distt - Madhubani.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sulekha Devi Wife of Nathu Yadav Resident of Village - Shivnagar, P.S.- Benipatti, Distt - Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case (CR) N0. 208 of 2018, disclosing offences under Sections 341,323,354B of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner has submitted that the present complaint case has been filed in retaliation of the earlier criminal case registered against the husband of the complainant and other family members being Benipati P.S. Case No. 113 of 2017 for the offences punishable under Sections 341,323,354, 506 read with section 34 of the Indian Penal Code. He has submitted that since the prosecution is based on a complaint petition, there is no requirement of the

Patna High Court CR. MISC. No.57495 of 2019(2) dt.12-09-2019 2/2 petitioner's being taken into custody as he is ready to appear before the Court below as and when required for the purpose of enquiry or trial.

Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-Benipatti (Madhubani) in Complaint Case (CR) No. 208 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U