Somdev Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22296 of 2019 Arising Out of PS. Case No.-475 Year-2015 Thana- COMPLAINT CASE District- Supaul ====================================================== Somdev Mukhiya, S/o Mahendra Mukhiya, Resident of Village- Sitapur Narhi, P.S.- Birpur, Dist.- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita Devi, Wife of Somdev Mukhiya, R/o Vill.- Sitapur, Narhi, PostSitapur, P.S.- Birpur, Dist.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.475 of 2015, disclosing offence under Section 498A of the Indian Penal Code. Allegation against the petitioner is of subjecting to his wife with cruelty for demand of Rs.1,00,000/- (one lakh) and also married again.

Submission of the learned counsel for the petitioner is that earlier a complaint case filed by the opposite party no.2 was dropped twice and again this case has been reopened. He has already filed a divorce case on the ground of physical abnormality which appears from paragraph 8 of the affidavit, which is still pending. It has further been submitted that earlier

Patna High Court CR. MISC. No.22296 of 2019(3) dt.21-06-2019 2/3 proceedings which were dropped has been set aside in the revisional jurisdiction and are still pending. Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for bail by stating that any physical abnormalty in her body, does not allow the petitioner to divorce the opposite party no.2 and apart from that even no maintenance amount has been given to her up till now, though the petitioner has appeared in the maintenance case.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below 05.07.2019 and the learned court below be released him on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M, Birpur, District Supaul, in connection with Complaint Case No.475 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that he is to appear in the Maintenance Case no. 02 of 2017 pending before the Family Court, Supaul within a period of two weeks and he will file a certificate before the learned trial court of appearance and considering the same, the learned trial court

Patna High Court CR. MISC. No.22296 of 2019(3) dt.21-06-2019 3/3 shall released the petitioner on bail on its own satisfaction, subject to the condition that he will co-operate in disposal of maintenance case.

(Vinod Kumar Sinha, J) sunil shukla/- U T