Patna High CourtCR. MISC./16789/2019disposed

Nand Kishore Mishra v. The State Of Bihar

2019-05-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16789 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== NAND KISHORE MISHRA Son of Bhola Mishra Resident of Village - Nawkadih, P.S.- Laxmipur, Distt.- Jamui ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Laxmipur P.S.Case no.164/18 , registered for offences punishable under Sections 341, 323, 498(A), 494, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of subjecting his wife to cruelty and married with another lady.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted, he has not married with another lady and their marriage was solemnized 20 years ago. The petitioner has two daughters-in-law and also the daughters-in-law and O.P.no2. are residing in his house and he is ready to file an affidavit that he has not solemnized second

Patna High Court CR. MISC. No.16789 of 2019(3) dt.03-05-2019 2/2 marriage .

Heard learned A.P.P. and the learned counsel for the O.P.no.2..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of receipt of order and file an affidavit that he has not solemnized the second marriage and on that the petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 3rd, Jamui in connection with Laxmipur P.S.Case no.164 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T