Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67267 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

PINTU YADAV Son of Sharda Yadav 2.

Sharda Yadav Son of Late Ram Khelawan Choudhary Both are resident of Village- Hata Kadara Hata, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sindhu Devi D/o Kailam Yadav, Village-Chochi, P.S. Mirganuj, Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2022 Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Mirganj P.S. Case No. 164/2019 registered for the offences punishable under Sections 498(A)/406/323/324/354(A)/377/ 504/506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It has been submitted by Mr. Dharamveer, learned counsel for the petitioners, on instruction from his clients, that both the parties are staying together and perhaps because of this,

Patna High Court CR. MISC. No.67267 of 2019(9) dt.24-03-2022 2/2 the opposite party No. 2 has chosen not to appear. Considering aforesaid submissions and also the facts and circumstances of the case, the present anticipatory bail application is allowed.

Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj, in connection with Mirganj P.S. Case No. 164/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is directed that at the time of accepting bail bonds of the petitioners, the Court below shall verify the fact from the opposite party No. 2 - whether she is staying with the petitioner or not. If she is staying with the petitioner, his bail bond shall be accepted and if the opposite party No. 2 is not staying with the petitioner, the petitioner shall be arrested. (Sandeep Kumar, J) Saif/- U T