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Patna High CourtCR. MISC./10724/2019bail granted

Arbind Singh v. The State Of Bihar And ANR

2019-07-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10724 of 2019 Arising Out of PS. Case No.-414 Year-2013 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Arbind Singh, Son of Rambahadur Singh Resident of Village - Murarpur, P.S. - Harsidhi, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Devi @ Reena Devi D/o late Bishawanath Singh Resident of Village - Bishrampur Tola, P.S.- kalaiya, Distt.- Bara Nepal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 414 of 2013, registered under Section 498(A) of the Indian Penal Code.

The accusation is that the marriage of O.P. No.2 was performed with the petitioner in the year 1992, while stayed at her matrimonial house till 2013, but, later on, she was being tortured as she has no issue and she was removed from her matrimonial house.

Learned counsel for the petitioner submits that, in fact, the marriage of the petitioner was performed with Archana

Patna High Court CR. MISC. No.10724 of 2019(6) dt.08-07-2019 2/2 Devi in the year 1999 and they have blessed with two sons aged about 16 years and 14 years out of wedlock of petitioner and Archana Devi. Further submission is that due to dirty village politics, the O.P. No.2 managed to lodge a case under Section 125 of the Hindu Marriage Act for maintenance i.e. Maintenance Case No. 66 of 2013 in the Court of Principal Judge, Family Court, Motihar, East Champaran, which was dismissed on 8.04.2019 due to non-establishment of relation of the complainant/O.P. No.2 with the petitioner as husband and wife. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-XIV, East Champaran at Motihari in connection with Complaint Case No. 414 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T