Hari Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18932 of 2014 Arising Out of PS.Case No. -1191 Year- 2007 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Hari Shankar Singh, Son of Late Bishwanath Singh, R/O Village and Post Office-Rupanchhap, P.S. Barauli, District Gopalganj .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Subhash Kumar, Advocate.
For the Opposite Party : Ms. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 1191-C of 2007 registered for the offence punishable under Section 498 of the Indian Penal Code.
The complainant alleged that her husband solemnized second marriage in the year 1991 although she got daughters. The petitioner subjected her to physical and mental torture. It is submitted that the marriage was solemnized in the year 1991 and the petitioner had no male issue from his first wife. The petitioner solemnized second marriage with consent of his first wife in the year 1991. The complaint case is filed in the year 2007. Notice was issued to the complainant but she did not appear. The petitioner is paying Rs. 750/- per month to his first wife in
Patna High Court Cr.Misc. No.18932 of 2014 (4) dt.19-07-2016 2/2 pursuance of the order dated 15.05.2014.
Considering the facts aforesaid and the fact that after 16 years of second marriage of the petitioner, the complainant filed the case making allegation of torture and the petitioner is still ready to keep his wife. The provisional bail granted to the petitioner above named vide order dated 15.05.2014 is, hereby, confirmed. The petitioner is allowed to remain on the same bail bonds.
(Prabhat Kumar Jha, J.) KKSINHA/- U T