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Patna High CourtCR. MISC./5720/2014disposed

Shambhu Rai @ Shambhu Kumar v. The State Of Bihar

2015-06-25The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5720 of 2014 Arising Out of PS.Case No. -241 Year- 2010 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Shambhu Rai @ Shambhu Kumar Son Of Ramprit Rai Resident Of Village - Panapur Langa, P.S.- Hajipur Sadar, District - Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sangeeta Devi, w/o Shambhu Rai, village-Panapur Langa, P.S. Hajipur Sadar, District-Vaishali

3. Vinay Rai, s/o Sakaldip Rai, village-Kanhauli, P.S.Mahua, Dist-Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-06-2015 The wife of the petitioner submitted a complaint under section 498(A) and other sections of the Indian Penal Code against the petitioner , on the basis of which Hajipur Sadar P.S. Case No. 241/2010 was registered.

Apprehending his arrest the petitioner filed A.B.P.No. 1654/13 in the Court of District & Sessions Judge, Vaishali at Hajipur. The petition was rejected by order dated 17-1-2014. Hence, this application.

Heard learned counsel for the petitioner and learned A.P.P.for the State.

It is a typical case in which the accused in a case under

Patna High Court Cr.Misc. No.5720 of 2014 (4) dt.25-06-2015 2/2 section 498(A) of the Indian Penal Code alleged that the complainant married another person. The trial court called for a report and found the allegations to be correct; yet the anticipatory bail was rejected.

The petition is allowed. In the event of arrest, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 241/2010, subject to the conditions as laid down under section 438(2) Cr.P.C.

(L. Narasimha Reddy,CJ) BK.Roy/- U