Umesh Kumar Rai @ Umesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28823 of 2019 Arising Out of PS. Case No.-1087 Year-2012 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Umesh Kumar Rai @ Umesh Kumar Yadav, Son of Jagal Rai @ Jaglal Yadav Resident of Village - Chanda, P.S.- Marhowrah, Distt - Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Devi, Wife of Umesh Kumar Yadav, D/o Sri Ram Rai, Resident of Village - Chanda, P.S.- Marhowrah, Distt - Saran (Chapra), at present residing at Majhanpura, P.S.- Manjhi, Distt - Saran (Chapra). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra,Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-05-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 13 of the instant application during the course of the day.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Trial No.605 of 2019 arising out of Complaint Case No.1087 of 2012 for the offence under Section 498 (A) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 17.02.2019. Learned counsel further submits that petitioner is the husband of opposite party no.2. The marriage was

Patna High Court CR. MISC. No.28823 of 2019(2) dt.01-05-2019 2/3 solemnized in the year 2008 and the present case was filed in the year 2012.

Referring to paragraph 11, learned counsel submits that petitioner is ready to keep his wife with full dignity and honour.

Considering the fact that petitioner is husband of opposite party no.2 and the marriage was solemnized in the year 2008 and considering the statement of the petitioner that he is ready to keep his wife with full dignity and honour, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Chapra, District Saran, in connection with Trial No.605 of 2019 arising out of Complaint Case No.1087 of 2012.

After release of the petitioner, the court below is directed to refer the dispute of husband and wife before the District Mediation Center for amicable settlement of the dispute. (Anil Kumar Upadhyay, J) sunil/- U T

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