Raju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75982 of 2019 Arising Out of PS. Case No.-397 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== RAJU YADAV, aged about 31 years, Male, Son of Ram Mohan Yadav Resident of Village- Pichhla, Daula Panchayat, P.S.- Kishanganj, DistrictKishanganj. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Madhu Devi, aged about 30 years, W/o of Raju Yadav, Resident of VillagePichhla, Daula Panchayat, P.S.- Kishanganj, District- Kishanganj, at present residing Abhaypur, P.S.- Routa, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) / 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
Informant has stated in her written complaint that marriage between her and petitioner was solemnized six years before and after marriage, she went to her matrimonial house but some time thereafter, they started demanding dowry and my husband had illicit relations with other. She was ousted from her matrimonial house on 08.08.2019 and they demanded that
Patna High Court CR. MISC. No.75982 of 2019(2) dt.25-11-2019 2/3 unless Rs.50,000/- is given to them, she will not be permitted to reside in her matrimonial house.
From the order passed by the learned Sessions Judge, it appears that the informant had appeared before the learned Sessions Judge but she refused to accompany the petitioner to her matrimonial house.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below in connection with Kishanganj P.S. Case No.397/2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
Patna High Court CR. MISC. No.75982 of 2019(2) dt.25-11-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T