Sintu Yadav @ Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80890 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== SINTU YADAV @ SINTU KUMAR Son of Prakash Yadav Resident of Village - Thalha Gadhiya, Tola and Post - Balsora, P.S.- Triveniganj, District - Supaul.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Gudiya Devi @ Guddi Kumari Wife of Sintu Yadav, Daughter of Nand Kishore Yadav Resident of Village- Chauraha, P.S. - Shankerpur, District - Madhepura.

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

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2021 Heard Sri Kumar Vishoka Nand, learned counsel for the petitioner, Sri Praveen Kumar Agarwal, learned counsel for the complainant and Sri Chandra Bhushan Prasad, learned APP for the State.

Petitioner seeks anticipatory bail in Complaint Case no. 96 of 2019 in which cognizance has been taken under section 498A of the Indian Penal Code read with section 3/ 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner at the outset submits that petitioner is person with clean antecedent and is husband of the complainant. Learned counsel for the petitioner further

Patna High Court CR. MISC. No.80890 of 2019(6) dt.01-11-2021 2/3 submits that the petitioner has already filed a Divorce Case no. 02/2019 dated 11.01.2019 which is presently pending in the court of the Principal Judge, Family Court, Supaul. Further learned counsel submits that marriage took place in 2012 between the petitioner and opposite party no.2, present case came to be instituted on 20.2.2019 after the aforesaid divorce case was filed. Learned counsel for the petitioner further submits that during the pendency of the divorce case, he is willing to pay monthly maintenance of Rs 4000/- (Four thousand) to opposite party no.2.

Learned counsel for the complainant agrees to the submissions of learned counsel for the petitioner. Considering the facts and circumstances, in the event of arrest/surrender within ten weeks from today, the petitioner is directed to be released on anticipatory bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Complaint Case no. 96 of 2019 subject to the condition under section 438(2) Cr.P.C. It is further directed that in the event complainant files an application before the learned court below that petitioner is not maintaining as agreed from November, 2021, the court

Patna High Court CR. MISC. No.80890 of 2019(6) dt.01-11-2021 3/3 below shall issue notice to the petitioner and after verifying the fact, will be at liberty to cancel the bail bond of the petitioner. (Satyavrat Verma, J) s.hassan/- U T