Subhash Yadav @ Subash Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25261 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Subhash Yadav @ Subash Yadav Son of Late Sudarshan Yadav resident of village - Hurahari, Police Station Rajpur, in the district of Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Yadav Wife of Sri Subhash Yadav resident of village - Hurahari, Police Station Rajpur, in the district of Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and 27 of the Arms Act.

The basic accusation is of torture for nonfulfilment of dowry demand and giving life threat after pointing country made pistol on the informant.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of three female children. All the three children are residing with the petitioner and at present the informant is also residing with the petitioner.

Patna High Court Cr.Misc. No.25261 of 2016 (3) dt.29-09-2016 2/3 The petitioner and the informant are present in the Court.

It is submitted by learned counsel for the informant that though informant is residing in the house of the petitioner but in a separate room. The petitioner has kept one unknown lady with whom the petitioner has illicit relationship. It is submitted by learned senior counsel for the petitioner that the factum of keeping unknown lady is being denied by the petitioner and petitioner undertakes to keep the informant and the children with dignity and honour, though statement to that effect has not been made in the petition. Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months 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, Buxar in connection with Mahila Buxar P.S. Case No. 19 of 2016.

Both sides agree to appear on each and every date before learned Court below The provisional bail of the petitioner will be confirmed by learned Court below after getting a report from the local police station with regard to the compliance of the

Patna High Court Cr.Misc. No.25261 of 2016 (3) dt.29-09-2016 3/3 undertaking of the petitioner given before this Court and substantial restoration of matrimonial harmony. (Dinesh Kumar Singh, J) Shageer/- U T