Ombir Thakur @ Ambir Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9430 of 2015 Arising Out of PS.Case No. -1623 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Ombir Thakur @ Ambir Thakur S/o Ramayan Thakur resident of village - Chainpur, Chiutahan, P.O. Saraiya, P.S. Paroo, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pramila Devi W/o Ombir Thakur @ Ambir Thakur, D/o Ram Chandra Thakur resident of village - Vishunpur, Jeevnarayan, P.O. Khutahan, P.S. Paroo, District - Muzaffarpur

3. Upendra Kumar S/o Ramesh Bhagat resident of village - Bhojpatti, P.O. Mohjamma, P.S. Deoriya, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for opposite party No. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 1623 of 2013 in which, cognizance has been taken under Section- 498(A) of the Indian Penal Code. The petitioner happens to be husband of the opposite party No. 2 but it is specific stand of the petitioner that the opposite party No. 2 is leading adulterous life along with opposite party No. 3 and the petitioner has already filed Divorce Suit against the

Patna High Court Cr.Misc. No.9430 of 2015 (3) dt.19-05-2015 2/2 opposite party No. 2 on the ground of adultery. Learned counsel, appearing for opposite party No. 2 submits that the petitioner has brought the Divorce Suit with an intention to create defence in his favour.

Considering the facts and circumstances of the case as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, 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 Complaint Case No. 1623 of 2013 to the satisfaction of Miss Kalpana Srivastava, J.M. Ist Class, Muzaffarpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T