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Patna High CourtCR. MISC./14738/2020allowed

Arvind Mukhiya v. The State Of Bihar

2020-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14738 of 2020 Arising Out of PS. Case No.-989 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== ARVIND MUKHIYA, Son of Ramdeo Mukhiya, Resident of Village - Barhara, P.S. - Navhatta (O.P. Darhar), Distt - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nikiya Devi Wife of Arvind Mukhiya, D/o Mahadev Mukhiya Resident of Village - Dumra, P.S.- Navhatta, Distt - Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Ram Bachan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 498A, 323, 494, 379, 504 and 506/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry of Prohibition Act.

Petitioner is husband of opposite party no. 2. Allegation is of commission of offence under Section 498A of the Indian Penal Code.

Submission is that marriage was solemnized five years back and due to some other incompatibility between the spouse, the false case has been lodged.

Considering the facts aforesaid as well as period of

Patna High Court CR. MISC. No.14738 of 2020(2) dt.03-03-2020 2/2 custody of the petitioner and future chances of settlement of dispute, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Complaint Case No. 989C of 2017, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T