Patna High CourtCR. MISC./33213/2014bail granted

Dharmendra Kumar Singh v. The State Of Bihar

2015-02-06Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33213 of 2014 Arising Out of PS.Case No. -88 Year- 2013 Thana -AAYAR District- BHOJPUR ======================================================

1. Dharmendra Kumar Singh s/o Rishimuni Singh Resident of Villagemorasia, P.S.. -Ayar District - Bhojpur .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party : Mr. Suman Kri.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 379 and 498A of the Penal Code. The learned counsel for the petitioner submits that the petitioner has got decree of divorce, which has been passed ex parte. There is no order of maintenance in the said decree of divorce.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Ayar P.S. Case No. 88 of 2013 to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions laid down under Section 438(2) of the Criminal Procedure Code and the petitioner will either keep the victim-wife with due dignity or if for any reason victim-wife is not ready to live with him, then, the petitioner shall pay maintenance worth Rs.1200/- per month and

Patna High Court Cr.Misc. No.33213 of 2014 (2) dt.06-02-2015 2/2 the Court below after being satisfied that the maintenance is being paid to the victim-wife shall release the petitioner on bail, till a maintenance is decided by a competent Court.

(Gopal Prasad, J) SA/- U U T T