Gulab Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79895 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== GULAB YADAV S/o Baliram Yadav R/o village- Mishroli, P.S.- Bhitaha, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sarita Devi W/o Gulab Yadav, D/o Ghura Yadav R/o village- Narayanpur Ghat, P.S.- Bagaha (Patkhouli), District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Trial No.3857 of 2019 arising out of Complaint Case No.13 of 2019 registered for offences punishable under Section 498(A) of the Indian Penal Code.

Case is under Section 498A of the Indian Penal Code. Petitioner happens to be husband. Allegation is of demand of Rs.05 lac and for that ousting and torturing her. Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is also ready to keep her with dignity and care.

Heard learned A.P.P. and from perusal of the essay of the complainant, it appears that she also wants to reside with the petitioner..

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of

Patna High Court CR. MISC. No.79895 of 2019(2) dt.09-12-2019 2/2 with a direction to the petitioner to surrender by 18.12.2019 and on surrender he will be released on provisional bail in connection with Trial No.3857 of 2019 arising out of Complaint Case No.13 of 2019 to the satisfaction of the learned SDJM, Bagaha, West Champaran and the learned court below shall issue notice to the complainant and on appearance of the complainant and she is ready to reside with the petitioner, the petitioner has to keep her with dignity and care and their conduct shall be watched by the learned court below for a further period of six moths and after being satisfied with the conduct of the parties especially the conduct of the petitioner, bail bond of the petitioner shall be confirmed, otherwise he is free to pass any order or orders, which may be deemed fit and proper.

It is also made clear that if the complainant does not choose to appear or she is not ready to reside with the petitioner, in that case also, his provisional bail shall be confirmed. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T