Shivjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4374 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Shivjee Singh, son of Bhola Singh, R/o Village- Semari , P.S- Dawath, District-Rohtas.

... ... Petitioner/s

Versus

1. The State Of Bihar .

2. Smt. Rinku Devi, wife of Shivjee Singh, resident of village-Semari, P.S. Dawath, District-Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Deo, Advocate.

For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dawath P.S. Case No.98 of 2018 registered under Sections 341, 323, 504, 506 and 498(A) of the Indian Penal Code. The accusation is that on 22.07.2018 at about 01.00 P.M., while the opposite party no.2 was returning to her house after cooking meal at Maliyabagh School, at that time, her husband (petitioner) was coming on a motorcycle and on reaching near the opposite party no.2, he started to abuse her and when she made protest, he caused assault to her through danda. Thereafter, he started to cause assault at her back and chest through leg on the read, due to which the opposite party no.2 became unconscious and received

Patna High Court CR. MISC. No.4374 of 2019(5) dt.07-05-2019 2/2 grievous injury. The further allegation is that her husband (petitioner) is residing at the house of another women, who had mixed the poison in the meal of her daughter. The petitioner used to abuse, cause assault and give threatening to kill her and her daughter. Learned counsel for the petitioner submits that the petitioner, who is the husband of the opposite party no.2, is ready to keep the opposite party no.2 with full honour and dignity but she is not ready to live with the petitioner. Further submission is that despite service of notice, no one appears on her behalf.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bikramganj, in connection with Dawath P.S. Case No.98 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U