Patna High CourtCR. MISC./1063/2015bail granted

Akhilesh Yadav v. State Of Bihar And ANR

2015-01-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.1063 of 2015 (2) dt.12-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1063 of 2015 Arising Out of PS.Case No. -4224 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Akhilesh Yadav, son of Sri Satya Narayan Yadav. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Neelam Devi, wife of Sri Akhilesh Yadav .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 4224 of 2012 in which cognizance has been taken for the offences punishable under Sections 498A and 494 of the Indian Penal Code.

Admittedly, the marriage of petitioner was solemnized with the complainant on 04.03.1990 and prior to filing of instant complaint case, complainant had filed Complaint Case No. 238 of 1999 for the same offences and the said case was disposed of on the basis of compromise petition. It is also obvious from the contents of complaint petition that complainant has already filed a maintenance case against the petitioner.

Patna High Court Cr.Misc. No.1063 of 2015 (2) dt.12-01-2015 No doubt, petitioner is husband and he has already solemnized his second marriage with another woman but 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 the Sub Divisional Judicial Magistrate, Purnea in Complaint Case No. 4224 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T