Patna High CourtCR. MISC./15338/2014bail granted

Mukesh Ram v. State Of Bihar And ANR

2015-03-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15338 of 2014 Arising Out of PS.Case No. -1711 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Mukesh Ram, S/O Late Nandlal Ram, Resident Of Village- Rampur Balra, P.S.- Kurhani, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Smt. Bibha Devi, D/O Suresh Ram, Resident Of Village- Barauna, P.S.- Karza, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Upendra Kumar (App) CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1711 of 2012 registered for the offences punishable under Sections 498A/34 of the Indian Penal Code. Petitioner happens to be husband of the complainant and he has already filed divorce suit against the complainant. The complainant is mother of a child but stand of the petitioner is that the child of the complainant is not legitimate child. However, petitioner took stand that he is ready to keep the complainant with full honour and dignity and taking note of the aforesaid stand this court issued

Patna High Court Cr.Misc. No.15338 of 2014 (5) dt.23-03-2015 2/2 notice to the complainant and the notice was received by mother of the complainant but in spite of the aforesaid fact no one turned up on behalf of the complainant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, West Muzaffarpur in Complaint Case No. 1711 of 2012, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U