Subodh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32863 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -MAHILA P.S. District- SHEOHAR ====================================================== Subodh Singh .... .... Petitioner/s

Versus

1. State of Bihar,

2. Rinku Devi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Heard learned counsels for the petitioner, informant and the State.

The petitioner being husband of the informant is languishing in custody since 13.6.2016 in a case registered for the offences punishable under Sections 498A,494,504 and 323/34 of the Indian Penal Code.

The prosecution case is of torture and performance of second marriage.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the informant. Initially, the petitioner filed Matrimonial Case No. 735 of 2012 for restitution of conjugal rights when the informant chose not to appear then the petitioner filed Matrimonial Suit No. 14 of 2014 with a prayer for divorce, thereafter the FIR was lodged on

Patna High Court Cr.Misc. No.32863 of 2016 (2) dt.04-08-2016 2/2 15.3.2016.

It is submitted by learned for the informant that the petitioner performed second marriage and restitution case was dismissed due to laches on the part of the petitioner. Considering the nature of accusation and the filing of matrimonial suit at earlier point of time, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheohar in connection with Sheohar Mahila P.S. Case No. 5 of 2016.

(Dinesh Kumar Singh, J) Anil/- U T