Gautam Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11492 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -MAHILA PS District- BUXAR ======================================================
1. Gautam Prasad son of Late Raj Kishore Prasad Resident of Mohalla - Mahatma Gandhi Road, Bazar Samiti, Police Station - Buxar (Town), Dist - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anita Devi D/o Late Deo Pryag Bhagat R/o Station Road, Dumraon, P.S. - Dumraon, Dist - Buxar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nil Kamal For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Buxar (Mahila) P.S. Case No. 30 of 2014 registered for the offence under Sections-498(A), 420 of the Indian Penal Code. Admittedly, the marriage of the petitioner was solemnized with the informant in the year, 2001 but relation of the petitioner and the informant became strained. Thereafter, Matrimonial Case No. 220 of 2012 was filed u/S 13(b) of the Hindu Marriage Act and the aforesaid suit was decreed on 29-112013 on the ground of mutual consent of the parties and
Patna High Court Cr.Misc. No.11492 of 2015 (2) dt.27-04-2015 2/2 accordingly, the marriage of the petitioner and the informant was ordered to be dissolved.
Admittedly, after passing the above-said decree of divorce, the informant has brought this case on the ground that even after pronouncement of decree of divorce, she was confined in the house of the petitioner and she was assaulted by the petitioner.
Considering the aforesaid facts and circumstances as well as submission of the parties, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Buxar (Mahila) P.S. Case No. 30 of 2014 to the satisfaction of learned Sub Divisional Judicial Magistrate, Buxar subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T