Patna High CourtCR. MISC./18041/2015bail granted

Jitan Sao v. State Of Bihar And ANR

2015-05-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.18041 of 2015 (2) dt.22-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18041 of 2015 Arising Out of PS.Case No. -42 Year- 2014 Thana -CHANDI District- BHOJPUR ======================================================

1. Jitan Sao Son of Shankar Sao resident of village- Neva, P.O. Dihari P.s Pipra, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sumanti Devi D/o Surendra Sao resident of Village & P.O. Bhadwar, P.sChandi, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-05-2015 Heard learned counsel for the petitioner, learned counsel for the informant (opposite party no. 2) as well as learned Additional Public Prosecutor for the State.

Petitioner happens to be husband of the informant and he is ready to keep the informant with him with full honour and dignity and the petitioner had taken similar stand before the learned Sessions Judge but learned counsel appearing for the informant submits that informant is not ready to lead her conjugal life with the petitioner as earlier she was subjected to cruelty and harassment by the petitioner.

Learned counsel appearing for the informant further submits that this Court may direct the petitioner to give

Patna High Court Cr.Misc. No.18041 of 2015 (2) dt.22-05-2015 maintenance to the informant but I am not, at all, convinced with the above stated submission because there is no provision in Section 498 A of the Indian Penal Code to give maintenance. 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 Smt. Noor Sultana, Judicial Magistrate 1st Class, Bhojpur at Arrah in Chandi P.S. Case No. 42 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T