Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73822 of 2019 Arising Out of PS. Case No.-1611 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== Mukesh Yadav Son of Apesar Yadav, Resident of Asarhua, P.S.- Charkapather, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soniya Devi D/o Churaman Yadav, W/o Mukesh Yadav Resident of Loha, P.S.- Sono, District- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the State :

Mrs.Madhuri Lata, APP Fort the O.P.No.2 :

Mr. Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.1611C/2016, registered for the offence punishable under Section 498 A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. The matter relates to dispute between the husband and the wife.

Counsel for the petitioner submits that the matter has been settled and the opposite party no.2 is residing with him, whereas, counsel for the opposite party no.2 submits that he has no instruction in that regard. If the statement of the petitioner is correct, in such circumstances, he should keep his

Patna High Court CR. MISC. No.73822 of 2019(5) dt.28-08-2020 2/2 wife in a proper manner with full dignity and honour and there should not be any torture in any manner being physical or mental.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 1611 C/2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that he will not torture his wife in any manner either physically or mentally. If the opposite party no.2 files a complaint against the petitioner, then the court below would verify the fact and if it is found that the complaint is true then the court below can cancell his bail bond.

(Shivaji Pandey, J) V.K.Pandey/- U T