Chulhai Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58505 of 2015 Arising Out of PS.Case No. -147 Year- 2015 Thana -RIGA District- - ====================================================== Chulhai Bhagat .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 494, 379 and 504/34 of the Indian Penal Code.

The accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and since the informant deserted the petitioner, hence he has performed second marriage.

The petitioner and the informant are present in the court.

This is not in dispute that the informant is still residing

Patna High Court Cr.Misc. No.58505 of 2015 (3) dt.01-02-2016 2/3 in the house of the petitioner. The petitioner undertakes not to disturb the possession of the informant and is also ready to pay `1,000/- per month to the informant from March, 2016 by depositing the same in the bank account of the informant by second week of every month.

It is submitted by learned counsel for the informant that the informant is not opposing the prayer of bail of the petitioner in view of the offer made by the petitioner. The informant also undertakes to supply her bank account number to the petitioner by submitting the same on affidavit before the learned court below.

Considering the stand of the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 147 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The informant will be at liberty to file an application for cancellation of bail of the petitioner if the petitioner

Patna High Court Cr.Misc. No.58505 of 2015 (3) dt.01-02-2016 3/3 substantially defaults in complying the undertaking given before this Court.

(Dinesh Kumar Singh, J) Amrendra/- U T