Kailu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11620 of 2020 Arising Out of PS. Case No.-355 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== KAILU MUKHIYA Son of Saini Mukhiya Resident of Village - Pama (DihTola), P.S.- Sour Bazar, (Patarghat O.P.), District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Heera Devi Wife of Kailu Mukhiya, D/O- Badri Mukhiya Resident of Village - Pama (Dih-Tola), P.S.- Sour Bazaar (O.P. Patarghat), DistrictSaharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 355/2019 registered for the offences punishable under Sections 147/149/323/498(A)/379/494 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. It is contended by learned counsel for the petitioner that the marriage is 25 years old and they have two grown up sons and due to some misunderstanding, the present case has been filed by the opposite party No. 2. The petitioner is ready to live with his wife.

Learned counsel for the opposite party No. 2 submits

Patna High Court CR. MISC. No.11620 of 2020(5) dt.07-12-2021 2/2 that she is also interested in getting the relationship restored. In that view of the matter, the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saharsa, in connection with Complaint Case No. 355/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The petitioner shall make efforts to stay with his wife. It is expected that the children will also co-operate in restoration of relationship between their parents.

(Sandeep Kumar, J) Saif/- U T