Shyam Sunder Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46531 of 2016 Arising Out of PS.Case No. -538 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Shyam Sunder Rai, S/o Sri Ram Chandra Rai, resident of village- Jalalpur, Bhichha, P.S.- Pupri, District- Sitamarhi .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Chand Yadav, Advocate For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is languishing in custody since 29.08.2016 in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494/34, 123 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant and birth of a female child. The petitioner performed second marriage, since the complainant deserted the petitioner. It is further submitted that complainant has

Patna High Court Cr.Misc. No.46531 of 2016 (2) dt.25-10-2016 also performed second marriage.

Considering the nature of accusation, let the above named petitioner, 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 learned Sub-Divisional Judicial Magistrate, Sitamarhi in connection with Complaint Case No. C1/538 of 2013.

(Dinesh Kumar Singh, J) P.K./- U T