Patna High CourtCR. MISC./1798/2019bail granted

Babu Lal Mukhiya v. State Of Bihar And ANR

2019-01-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1798 of 2019 Arising Out of PS. Case No.-113 Year-2013 Thana- COMPLAINT CASE District- Supaul ====================================================== Babu Lal Mukhiya. S/o-Late Bikru Lal Mukhiya, Resident of VillageBalbhadrapur, P.S.-Birpur, Distt.-Supaul. ... ... Petitioner/s

Versus

1. State Of Bihar.

2. Devki Devi, w/o- Babu Lal Mukhiya, Balbhadrapur, P.S.-Birpur, Distt.- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Respondent/s :

Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner, being the husband is languishing in custody since 03.10.2018 in connection with Complaint Case No.113C/2013 registered under Sections 498A, 341, 323, 504/34 of the Indian Penal Code.

Prosecution case as per the FIR is that the complainant's marriage was performed with the petitioner about 22-25 years prior to lodging of the complaint. After some time, two children were born out of the wedlock. It is further alleged that after the birth of second child, her husband used to torture her and he also solemnized second marriage with one Rabari Devi. Thereafter, petitioner ousted her from the matrimonial

Patna High Court Cr.Misc. No.1798 of 2019(2) dt.15-01-2019 2/2 house.

It is submitted by learned counsel for the petitioner that the marriage was performed 20 years prior to lodging of the case and one child of the petitioner has also got married. Considering the accusation of torture, the fact that the present case has been registered after about two and a half decades of marriage, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri L.B. Prasad, J.M. Birpur at Supaul in connection with Complaint Case No.113C/2013.

(Dinesh Kumar Singh, J) sanjeev/- U T