Patna High CourtCR. MISC./65676/2023bail granted

Devendra Yadav v. The State Of Bihar

2024-03-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65676 of 2023 Arising Out of PS. Case No.-19 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Devendra Yadav S/O Lakshman Yadav R/O Village- Tarapatti, P.SAndhrathadhi, Distt.- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar 2.

Dropadi Devi W/O Devendra Yadav, D/O Ajbi Yadav R/O VillageMadanpatti, P.S- Rudrapur, Distt.- Madhubani. Presently Reisiding At Village- Thathari, P.O- Jarsain, P.S- Rudrapur, Distt.- Madhubani, Pin Code847411. 3.

Innar Yadav S/O Late Sagam Lal Yadav Reisiding At Village- Thathari, P.OJarsain, P.S- Rudrapur, Distt.- Madhubani, Pin Code- 847411. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498(A) of the IPC and 3⁄4, of the Dowry Prohibition Act.

3. The learned counsel for the petitioner submits that an application of jointness has been filed as the notice on behalf of the O.P. No.2 was received by her brother.

4. In view of the submission made by the learned

Patna High Court CR. MISC. No.65676 of 2023(5) dt.14-03-2024 2/3 counsel for the petitioner the notices is deemed to have been validly served.

5. The learned counsel for the petitioner next submits that petitioner being husband has been falsely implicated in the present case. It is also submitted that that petitioner was always willing to keep the O.P. No.2 with honour and dignity, but then O.P. No.2 never intended to stay with the petitioner as she was in love with one Innar Yadav with whom she fled. It is also submitted a specific statement with regard to the same has been pleaded at para-10 of the anticipatory bail application. It is next submitted that O.P. No.2 is presently staying with Innar Yadav, as such despite receiving notices chooses not to appear and contest.

6. The learned APP opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class,

Patna High Court CR. MISC. No.65676 of 2023(5) dt.14-03-2024 3/3 Jhanjharpur, Madhubani in connection with Complaint Case No.19 of 2021, T.R. No.1386 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. However, it is made clear that O.P. No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event if it is found that anticipatory bail has been obtained by the petitioner by misleading the Court.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T