High Court Patna High Court - Orders

Om Prakash Yadav vs The State Of Bihar on 19 April, 2011

Patna High Court – Orders
Om Prakash Yadav vs The State Of Bihar on 19 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.12371 of 2011
                  OM PRAKASH YADAV SON OF LATE RAMJI PRASAD
                                          Versus
                                THE STATE OF BIHAR
                                        -----------

2 19.04.2011 Heard learned counsels for the petitioner and

the State.

The petitioner being the husband is

apprehending his arrest in a complaint case in which

cognizance has been taken under Sections 498A and

323 of the Indian Penal Code.

The marriage was performed in the year

1999 and the petitioner filed a divorce case in the year

2007 when the present case was filed in the year 2010.

It is submitted that since, 2003 itself, the

complainant is not residing with the petitioner.

The petitioner is ready to make payment of

Rs. 500/- per month to the complainant by depositing

the same in the bank account of the complainant from

May, 2011 by second week of every month.

The petitioner will serve the copy of this

order to the complainant when the complainant will

give bank account number to the petitioner within a
2

period of two weeks.

The aforesaid payment will be subject to any

order being passed in matrimonial or maintenance

proceedings.

Considering the aforesaid facts, 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 12 weeks from today,

on furnishing bail bond of Rs. 10,000/- (ten thousand)

with two sureties of the like amount each to the

satisfaction of the learned Judicial Magistrate 1st Class,

Saran at Chapra in connection with Complaint Case

No. 1236/2010, subject to the conditions as laid down

under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J.)
Amrendra/-