Pappu Yadav @ Pappy Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83254 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- KATORIYA District- Banka ====================================================== PAPPU YADAV @ PAPPY YADAV S/o Chourasi Yadav R/o villageBarbasni, P.S.- Katoria, District- Banka ... ... Petitioner

Versus

1. The State of Bihar

2. Rina Devi, W/o Pappu Yadav @ Pappy Yadav, R/o village- Barwasini, P.S.- Katoriya, District- Banka ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Praveen Kumar For the Opposite Party State:

Mr. Md. Nazir Ansari, APP For the O.P. No. 2 :

Mr. Brij Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Katoria P.S. Case No. 71 of 2019, registered for the offence punishable under Sections 498(A), 494 of the Indian Penal Code.

Petitioner is the husband of opposite party No.2. Considering matrimonial nature of the dispute existing between the petitioner and opposite party No.2, the matter was referred to the mediation centre at Banka. It has been informed at the Bar that the mediation has failed.

Learned counsel appearing on behalf of the petitioner has argued that considering the nature of dispute, the

Patna High Court CR. MISC. No.83254 of 2019(9) dt.09-03-2021 2/3 petitioner deserves to be released on anticipatory bail. Learned counsel representing opposite party No.2, on the other hand, opposed the prayer for anticipatory bail and has submitted that the petitioner is refusing to maintain her. Be that as it may, considering the nature of dispute between the contesting parties, as noticed above, in my view, a case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., Banka, in Katoria P.S. Case No. 71 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It goes without saying that opposite party No.2 shall be at liberty to approach appropriate forum for grant of

Patna High Court CR. MISC. No.83254 of 2019(9) dt.09-03-2021 3/3 maintenance in accordance with law.

(Chakradhari Sharan Singh, J) Pawan/- U T