IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18033 of 2011
Tetari Devi, wife of Tulsi Das, resident of village - Gurwalia, P.S. -
Manuapul, Bettiah, District - West Champaran.
-------- Petitioner.
Versus
1. The State Of Bihar
2. Shiv Balak Yadav, son of Late Sukat Yadav, resident of village -
Sonwal Godown, P.S. - Paharpur (Malahi), District - East
Champaran.
----Opposite Party
********
With
Criminal Miscellaneous No.18683 of 2011
Akhilesh Yadav, son of Tulsi Yadav, resident of village – Gurwalia, P.S. –
Mahuapul, Bettiah, District – West Champaran.
——– Petitioner.
Versus
1. The State of Bihar
2. Shiv Balak Yadav, son of Late Sukat Yadav
3. Anita Devi, wife of Akhilesh Yadav, D/o – Shiv Balak Yadav,
both opposite parties no. 2 and 3 are resident of village – Sonwal
Godown, P.S. – Paharpur (Malahi), District – East Champaran.
———-Opposite Parties.
******
06. 14.11.2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
The petitioners apprehending their arrest in connection
with Paharpur P.S. Case No. 187/2010 for offences under Sections
323/326/307/498(A)/406/34 of the Indian Penal Code.
Counter affidavit has been filed. Petitioners are
respectively husband and in-laws of opposite party no. 3 who is
daughter of complainant informant opposite party no. 2.
Submission of Bar is that opposite party no. 3 suffered
some paralytic attack and is still under treatment. Petitioners intend to
resume and continue the relationship and take her due care and also
provide suitable treatment. Opposite parties also give positive
response by filing counter affidavit.
In view of the above, in the event of filing joint petition of
compromise or individual petition on behalf of the petitioners, and in
the event of their arrest or surrender within a period of four weeks, let
the above-named petitioners be enlarged on bail on furnishing bail
bond of sum of Rs. 10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Motihari, East Champaran, in connection with Paharpur
P.S. Case No. 187/2010, subject to condition under section 438(2) of
the Code of Criminal Procedure, and additional condition with respect
to petitioner Akhilesh Yadav, (in Cr. Misc. No. 18683/2011), to attend
the court regularly till disposal of the case, in the event of failure on
two consecutive dates, without any reasonable explanation, the
privilege granted shall be deemed to be cancelled, further additional
condition in case of filing individual petition on behalf of the
petitioner the court below on getting positive response from the
complainant or filing joint petition of compromise permit the victim
(opposite party no. 3) to go along with the petitioners and reside at
their place and both the couple report personally on the date fixed for
the purpose and only after being satisfied of their conduct for a
reasonable period court below shall pass appropriate order in
accordance with law.
Rajeev/- ( Akhilesh Chandra, J.)