Allowed

Subhash Yadav v. The State of Bihar

Patna HC23 Jan 2023CR. MISC./13510/2022

Case brief

AI extract

What is this about?

This is a single-paragraph oral order granting anticipatory bail to a petitioner facing offences under Sections 498A, 494, and 34 of the IPC. The court allowed bail subject to the petitioner paying maintenance to his wife and fixed surety conditions. It also permitted the parties to seek reference to the mediation center.

What did the court decide?

Petitioner released on anticipatory bail with a bond of Rs. 25,000 and two sureties of like amount, subject to paying monthly maintenance of Rs. 2,000.

Subhash Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13510 of 2022

¶2

Arising Out of PS. Case No.-25 Year-2021 Thana- MAHILA P.S. District- Banka

¶3

======================================================

¶4

Subhash Yadav Son Of Late Jagdish Yadav R/O Village- Lohatina, P.S.Banka, District- Banka

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Arti Devi Wife Of Subhash Yadav R/O Village- Sasan, P.O.- Dudhari, P.S. And District- Banka

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandad Prasad For the Opposite Party/s : Mr.Rajesh Kumar Mr. Dhananjay Kumar Pandey ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶12

3 23-01-2023 Heard learned counsel for the parties.

¶13

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 494, 34 of the Indian Penal Code.

¶14

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

¶15

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to

¶16

Patna High Court CR. MISC. No.13510 of 2022(3) dt.23-01-2023 2/3

¶17

keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 .

¶18

However, the petitioner is ready to give Rs.2,000.00 (Rupees Two Thousand) per month as maintenance to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

¶19

Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

¶20

In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

¶21

Patna High Court CR. MISC. No.13510 of 2022(3) dt.23-01-2023 3/3

¶22

of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Banka (Mahila) P.S. Case No. 25 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

¶23

If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

¶24

(Anjani Kumar Sharan, J)

¶25

devendra/-

¶26

U T

Subhash Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subhash Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Vs The State of Bihar

Braj Bhushan Deva @ Nandu Babu @ Brajbhushan Deva Vs The State of Bihar

Sintu Jha @ Sintu Kumar Vs The State of Bihar

Bipin Singh Vs The State of Bihar

Bittu Kumar Giri @ Bittu Kumar Vs The State of Bihar

Hare Krishna Sah Vs The State of Bihar