Chandra Bhushan Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9641 of 2019 Arising Out of PS. Case No.-1578 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Chandra Bhushan Singh S/o Shri Ram Sagar Singh Resident of VillageBihat, P.S- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Mala Kumari Wife of- Chandar Bhushan Singh, Daughter of - Sonalal Ram Resident of village-Bihat, P.S. Barauni, District-Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 Heard.

The petitioner apprehends his arrest in connection with Complaint Case No.1578C of 2016 registered under Section 498(A) of the Indian Penal Code.

The accusation is that the marriage of the opposite party no.2 was performed with the petitioner in the year 1992. After the marriage, the opposite party no.2 started living at her matrimonial house. Thereafter, due to wedlock, the opposite party no.2 gave birth to one male and one female child. The father of the opposite party no.2 died in the year 2012 leaving behind the opposite party no.2 and her mother. Thereafter, the husband of the opposite party no.2 and her other in-laws started

Patna High Court CR. MISC. No.9641 of 2019(3) dt.09-05-2019 2/3 putting pressure upon the opposite party no.2 to sell the property of her Maika but she was not ready. Due to that reason, she was being tortured by the petitioner and her other in-laws through various modes. Ultimately, the opposite party no.2 was removed from her matrimonial house by snatching her personal belongings by her husband (petitioner) and other in-laws and she was residing along with her children at her Maika. Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the opposite party no.2. In fact, the opposite party no.2 does not want to live with the petitioner, while the petitioner is ready to keep her. It is further submitted that it would appear from the complaint petition that the marriage of the opposite party no.2 was performed with the petitioner in the year 1992 and there are two children of the opposite party no.2 but due to misunderstanding, the present complaint case was lodged by the opposite party no.2.

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

Patna High Court CR. MISC. No.9641 of 2019(3) dt.09-05-2019 3/3 each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Begusarai, in connection with Complaint Case No.1578C of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

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