Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64345 of 2024 Arising Out of PS. Case No.-591 Year-2020 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Chandan Yadav Son of Late Laldev Yadav Resident of Village - Tadwa, P.S.- Siwan Muffasil, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mala Kumari Yadav Daughter of Lalan Choudhary Resident of Village - Gopalpur, P.S.- Siwan Muffasil, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Anuj For the Opposite Party/s :

Mr. Parmanand Prasad Mr. Ashok Kumar Mr. Niraj Kumar Mr. Arvind Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-10-2024 Heard the learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 498A of the Indian Penal Code and Section 4 of the D.P. Act.

3. As per the prosecution case, the petitioner is the husband of the victim. Due to non-fulfillment of demand of dowry, petitioner along with co-accused persons are said to have tortured and ousted the complainant from her matrimonial house.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.64345 of 2024(2) dt.01-10-2024 2/3 petitioner is innocent and has not committed any offence. Petitioner is in custody since 29.06.2024.

5. Learned counsel for the petitioner; Mr. Harsh Anuj has offered that the petitioner will maintain his wife and will pay maintenance of Rs. 5,000/- per month to the complainant starting from October, 2024.

6. This maintenance shall be subject to the result of the Maintenance Case No. 86 of 2020 pending in the Court of Principal Judge, Family Court, Siwan.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioner, above named, 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 S.D.J.M., Siwan/concerned Court below in connection with Tr. No. 3551 of 2024 arising out of Complaint Case No. 591 of 2020.

9. The Principal Judge, Family Court, Siwan is directed to dispose of the Maintenance Case No. 86 of 2020 pending between the parties within three months from the date of communication/receipt of a copy of this order. He will proceed ex- parte against the non-cooperative party.

Patna High Court CR. MISC. No.64345 of 2024(2) dt.01-10-2024 3/3

10. Let a copy of this order be communicated to the Principal Judge, Family Court, Siwan through FAX for its compliance forthwith.

11. With the aforesaid observation and direction, this application stands allowed.

(Sandeep Kumar, J) Shishir/- U T