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Sadhu Yadav vs The State Of Bihar on 22 March, 2021

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Arising Out of PS. Case No.-75 Year-2018 Thana- COMPLAINT CASE District- Jamui

1. Sadhu Yadav (Male), aged about 55 years, Son of Late Sukhdeo Yadav

2. Chuniya Devi (Female), aged about 40 years, W/o Sadhu Yadav

Both are resident of Village – Baliyadih, P.S.- Jhajha, Distt.- Jamui.

… … Petitioner/s

1. The State of Bihar

2. Fuliya Devi, W/o Sadhu Yadav, aged about 40 years, Resident of Village –

Baliyadih, P.S.- Jhajha, Distt.- Jamui.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the State : Mr. Mritunjay Kumar Nirala, APP
For the Informant : Mr. Shiv Nandan Prasad, Advocate

Date : 22-03-2021

Heard Mr. Rajesh Kumar Sinha, learned counsel for

the petitioners; Mr. Mritunjay Kumar Nirala, learned Additional

Public Prosecutor (hereinafter referred to as the ‘APP’) for the

State and Mr. Shiv Nandan Prasad, learned counsel for the

opposite party no. 2.

2. The petitioners apprehend arrest in connection with

Complaint Case No. 75C of 2018 dated 19.01.2018, instituted

under Sections 498A/494 of the Indian Penal Code.

3. Pursuant to the earlier orders, fifth supplementary

affidavit has been filed on behalf of the petitioner in which it
Patna High Court CR. MISC. No.78790 of 2019 dt.22-03-2021

has been stated that the exercise of transfer of land in favour of

the sons of opposite party no. 2 has been completed and

registered deed dated 06.02.2021 is with the petitioners. It was

submitted that compromise has been worked out between the

parties and, thus, on the next date, the parties shall appear before

the Court below where the opposite party no. 2 shall file her

written compromise/consent with regard to the case being

disposed off as the grievance has been redressed and the

petitioners shall hand over the original registered transfer deed

to the opposite party no. 2.

4. The Court shall record such fact and thereafter pass

appropriate orders on the basis of the stand taken by the

opposite party no. 2 with regard to her having compromised the

matter and having no grievance against the accused, including

the petitioners.

5. In the meantime, in the event of arrest or surrender

before the Court below, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned SDJM, Jamui in Complaint Case No. 75C of

2018, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973 and further that one of
Patna High Court CR. MISC. No.78790 of 2019 dt.22-03-2021

the bailors shall be a close relative of the petitioners.

6. It shall also be open for the opposite party no. 2 to

bring any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)



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