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Arvind Yadav @ Vikas Yadav vs State Of Bihar And Anr on 18 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6008 of 2015
Arising Out of PS. Case No.-806 Year-2012 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad

Arvind Yadav @ Vikas Yadav, Son of Ram Lagan Yadav, Resident of Village –
Belhari, Police Station – Belaganj in the district of Gaya.

… … Petitioner/s
Versus

1. The State of Bihar

2. Budhiya Devi, Wife of Arvind Yadav @ Vikas Yadav, Resident of Village –

Belhari, Police Station – Belaganj in the district of Gaya. At present daughter
of Sri Balkeshwar Yadav, resident of village – Kapharpur, Police Station –
Makhdumpur in the district of Jehanabad.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the O.P. No. 2 : Mr. Shivendra Prasad, Advocate
For the State : Mr. Aditya Narayan Singh-I, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 18-07-2019

Heard learned counsel for the parties.

2. The petitioner was allowed provisional anticipatory

bail by the learned Sessions Judge, Jehanabad in A.B.P. No. 485 of

2014 on 10.09.2014 in connection with Complaint Case No. 806

of 2012 wherein cognizance was taken for offence under Section

498A of the Indian Penal Code.

3. The learned Sessions Judge passed the following

concluding orders “Considering the facts and submissions stated

above and keeping in view that compromise took place in between

both the couple, the petitioner Arvind Kumar @ Vikas Yadav in

the event of arrest or surrender within a period of four weeks is
Patna High Court CR. MISC. No.6008 of 2015 dt.18-07-2019
2/3

directed to be released on provisional bail for two months on

furnishing bail bond of Rs.10,000/- with two sureties of the like

amount each to the satisfaction of the court below, subject to the

condition that both the complainant and the petitioner shall inform

to the court below for their peaceful life and on considering the

peaceful life of the couple, the court below will be at liberty to

confirm the provisional bail of the petitioner and in default of the

aforesaid condition, the bail bond of the petitioner is liable to be

cancelled by the court below itself. The conditions of Section

438(2) of the Cr.P.C. was also imposed.”

4. Thereafter the learned Sub-Divisional Judicial

Magistrate, Jehanabad by order dated 13.11.2014 did not confirm

the provisional bail stating therein that matrimonial life could not

be restored due to non-cooperation of the petitioner and cited the

order of the learned Sessions Judge whereby provisional bail was

conditionally granted.

5. The petitioner has challenged the order of the learned

Sub-Divisional Judicial Magistrate, Jehanabad dated 13.11.2014 in

this application under Section 482 Cr.P.C. on the ground that in

fact wife and her relations were not cooperative in restoration of

conjugal life and the petitioner was never at fault.

Patna High Court CR. MISC. No.6008 of 2015 dt.18-07-2019
3/3

6. The law is well settled that a Court which has power

to grant bail has also got power to cancel the same. Furthermore, it

has still power to grant bail if the changed circumstance so

required. Therefore, the impugned order cannot be faulted as abuse

of the process of the court nor interference would be required to

secure the ends of justice. Judicial remedy is there to the petitioner.

Hence, this Court is not inclined to exercise power under Section

482 Cr.P.C.

7. Accordingly, this application stands dismissed.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 22.07.2019
Transmission Date 22.07.2019

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