Mohan Yadav @ Mohan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76953 of 2023 Arising Out of PS. Case No.-546 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Mohan Yadav @ Mohan Kumar Yadav Son Of Bindeshwar Yadav Resident Of Tola - Lakshmipur, Village - Bhawanipur, P.S. - Sakari, District - Madhubani. Presently Residing At Shiv Chhaya Chawl No.05, Near Pragati Vidyalaya, Kannamvar Nagar No.2, Vikroli East, Mumbai Suburbam, Maharashtra ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Neha Kumari Wife Of Mohan Yadav, D/O. Sagar Yadav Resident Of Tola - Lakshmipur, Village - Bhawanipur, P.S. - Sakari, District - Madhubani But Presently Residing At Mohalla - Lakshmi Sagar, Ward No.16, Near J.P. Chauk, P.S. - Darbhanga Town, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar Jha For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 343, 498A, 504, 506, 354, 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has
Patna High Court CR. MISC. No.76953 of 2023(4) dt.18-04-2024 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgement of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
5. However, the petitioner is ready to give Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on three consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.
6. Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
7. In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a
Patna High Court CR. MISC. No.76953 of 2023(4) dt.18-04-2024 3/3 period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Darbhanga Town P.S. Case No. 546 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
8. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement. (Anjani Kumar Sharan, J) devendra/- U T