Jokhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5182 of 2015 Arising Out of PS.Case No. -214 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Jokhan Singh son of Shree Rameshwar Singh, Resident of Village-Itarhi, PS-Sonaban, Distt-Kaimur (Bhabhua) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kali Prasanna Dubey, Advocate For the Opposite Party/s : Mr. Murlidhar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the informant. Petitioner is the husband. He along with his family members have been arrayed as accused on account of allegation levelled by Shashibala Kumari, his wife relating to torture and cruelty meted out to her during course of her stay at her Sasural after marriage which took place on 02.05.2014. Learned counsel for the petitioner submits that by concealing the mental deformity of the informant marriage was solemnized. After perceiving the same, family of informant was informed whereupon her parents came, accompanied her and subsequently thereof, the informant was treated at a Mental Hospital, Kanke, Ranchi. The report regarding her treatment, as per direction of the Court, has been furnished by the Hospital.

Patna High Court Cr.Misc. No.5182 of 2015 (5) dt.24-04-2015 From the report, more particularly, as is evident from para-7 relating to history of past illness, she was firstly treated in the year 2008 with regard to depression and mania. It has also been submitted that, on that very score, Matrimonial Case No. 118/2014 has already been drawn up at the behest of petitioner for declaring the marriage void.

In the aforesaid facts and circumstances of the case, petitioner, Jokhan Singh, in the event of his arrest/surrender within four weeks, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar P.S. Case No. 214/2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) perwez U T