← Library
Patna High CourtCR. MISC./21076/2018bail granted

Pawan Kumar Yadav @ Pawan Yadav @ Pawan Kumar v. The State Of Bihar

2018-05-08Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21076 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -MAHILA P.S. District- LAKHISARAI ======================================================

1. Pawan Kumar Yadav @ Pawan Yadav @ Pawan Kumar S/o Late Kailash Yadav, R/o Village- Makera English , P.S.- Mokama, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anurag Saurav For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 The petitioner is apprehending his arrest in connection with Mahila (Lakhisarai) P.S. Case No. 01/2018, registered for offences punishable under Sections 498A/34 of the Indian Penal Code as well as 3/4 of Dowry Prohibition Act. Allegation against the petitioner is of demand of dowry of Rs. 2 lakhs and subjecting the informant to cruelty and torture. It has been submitted on behalf of the petitioner that petitioner is still ready to keep in the informant with full dignity and honour as a wife but she is not ready to live with the petitioner and earlier a case has been lodged by the informant against her father and brother alleging that they forcibly want to take the informant with themselves.

Heard learned as well as learned counsel for the informant. Learned counsel for the informant has submitted that

Patna High Court Cr.Misc. No.21076 of 2018 (3) dt.08-05-2018 2/3 the petitioner has now married with a second lady and he has also deserted her and he has fraudulently taken the signature of informant on a blank page and got the same scribed stating that the informant is not demanding any maintenance or anything else. Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs.

Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai, in connection with Mahila (Lakhisarai) P.S. Case No. 01/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the

Patna High Court Cr.Misc. No.21076 of 2018 (3) dt.08-05-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

It is further made clear that the petitioner shall cooperate in the maintenance case, if any filed or to be filed by the informant, otherwise the informant will be free to move for cancellation of bail bonds of the petitioner. (Vinod Kumar Sinha, J) sunil/- U T