Shankar Kumar Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1937 of 2019 Arising Out of PS. Case No.-1507 Year-2016 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Shankar Kumar Yadav Laxuman Yadav R/O-Vill and P.O.- Pathakawliya, P.S.- Dhansoie, Distt-Buxar.
... ... Petitioner/s
Versus
1.
State Of Bihar and Anr Bihar 2.
Soni Kumari @ Soni Devi Shankar Kumar Yadav R/O-Vill and P.O.- Pathakawliya,P.S.- Dhansoie, Distt- Buxar, presently reside at - Power Grid Zero Mile, south from Bir Kunwar Singh University, Chandrawati Bhawan, nearest to Delhi Public School Ara, P.S.- Udwant Nagar, District-Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :
Mr.Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-04-2019 Case is under Section 498/34 of the Indian Penal Code.
As per direction vide order dated 05.03.2019, both the parties have appeared in person in Chambers today. It has been informed by the petitioner that he is keeping the complainant - opposite party no. 2 with himself in the village with full honour and dignity since 19.03.2019. To which, the complainant - opposite party no. 2 also acceded, however, she shown her desire to live with the petitioner at his place of posting. On which, the petitioner, who is in Government service posted in Mumbai, showed his inability to
Patna High Court CR. MISC. No.1937 of 2019(4) dt.01-04-2019 2/3 keep her at his place of posting at present as he has not been provided with any accommodation, however, he assured that once the accommodation is provided, he will keep her at his place of posting.
It is also stated by the petitioner that due to consistent interference of the parents of complainant - opposite party no. 2, the relationship between the petitioner and complainant - opposite party.
Considering the facts and circumstances and the present status between the parties, the present application is disposed of with direction to the parties to appear before the concerned court below after a period of six months and the court below shall examine the conduct as well as the matrimonial life of the parties and shall pass an appropriate order. Till then provisional bail granted to the petitioner vide order dated 15.01.2019 will remain in enforce.
Needless to say that the parents of both the parties shall not interfere in the affairs of husband (petitioner) and wife (complainant- opposite party no. ). It is expected that the petitioner will allow the complainant - opposite party no. 2 to meet her parents in three or four months and will also allow her to talk with her parents on phone. The complainant - opposite
Patna High Court CR. MISC. No.1937 of 2019(4) dt.01-04-2019 3/3 party no. 2 shall also have to take care that the same must not be done on regular basis.
(Vinod Kumar Sinha, J) sunilkumar/- U T