Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79422 of 2018 Arising Out of PS. Case No.-1441 Year-2016 Thana- COMPLAINT CASE District- Jamui * ====================================================== Binod Yadav, son of Kailu Yadav, Resident of village and P.S-Charkapathar, Dist- Jamui ... ... Petitioner

Versus

1.

The State of Bihar 2.

Chunki Devi, wife of Sri Binod Yadav, Resident of village- Charkapathar, P.S. Sono, Dist- Jamui, at present residing at village- Bariyarpur, p.s.- Charkapathar, p.o- Sono, Dist- jamui ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 Pursuant to the order dated 5.3.2019 both the petitioner and complainant have appeared in person in Court. Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1441C of 2016 lodged under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of assaulting the complainant with respect to demand of dowry. Submission of learned counsel for the petitioner is that a Panchyayati was held between the parties but the complainant did not obey the decision of the Panchayati and further submitted that petitioner is not ready to keep her with him.

Heard learned APP and learned counsel for the complainant, who has denied the story of Panchayati and further she is ready to live with the petitioner with dignity and care and

Patna High Court CR. MISC. No.79422 of 2018(4) dt.12-03-2019 2/2 further she has filed a maintenance case in which petitioner has earlier appeared.

Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, be released on bail in the event of his arrest or surrender in the court below within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Jamui, in connection with Complaint Case No. 1441C of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that petitioner will appear before the Family Court in maintenance case filed by opposite party No.2 as and when required and cooperate in disposal of the maintenance case. It is also advisable that opposite party No.2 has to approach the Family Court in maintenance case for passing of order of interim maintenance and if such order is passed the petitioner has to abide by the same, otherwise the opposite party is free to move for cancellation of his bail bond.

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