Sudama Yadav @ Sudama Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63792 of 2018 Arising Out of PS. Case No.-164 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sudama Yadav @ Sudama Kumar S/o Ramshran Yadav, resident of VillageMacharak, P.S.- Fatehpur, District- Gaya. ... ... Petitioner

Versus

1. The State Of Bihar

2. Rekha Devi, W/o Sudama Yadav @ Sudama Kumar, D/o Mohan Yadav, Resident of Dhanchhu Manjhala, P.S.- Fatehpur, District- Gaya. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mrs. Lilawati Singh, Advocate For the State :

APP For Opposite Party No. 2:

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A, 323 and 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Complaint Case No. 164 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event, the petitioner has expressed his readiness to keep his wife with due dignity and honour. The petitioner claims clean antecedents.

4. Despite learned counsel for the opposite party no. 2 having entered appearance, none is present on her behalf when the matter is called today.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court Cr.Misc. No.63792 of 2018(4) dt.14-02-2019 2/2 with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gaya in connection with Complaint Case No. 164 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. BT/Chandran (Vikash Jain, J) U T