Radhey Shyam Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53375 of 2016 Arising Out of PS.Case No. -206 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Radhey Shyam Prasad, S/o Late Raghuram, resident of village - Khatangi, P.S. - Kurtha, District - Arwal at present Mohalla - A.P. Colony, Mustafabad, near Devisthan, P.S. Rampur, District - Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Smt. Suman Singh, W/o Radheshyam Prasad D/o Late Shambhu Sharan Singh resident of Panchmukhi Hanuman Mandir, Nehru Road, Chirkunda, P.S. - Chirkunda, District - Dhanbad (Jharkhand) at present Assistant Teacher, Madhya Vidyalaya, Bhagahar, Barachatti, P.S. - Barachatti, District - Gaya.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barachatti P.S. Case no.206 of 2016, registered under Section 498/34 of the Indian Penal Code.

The accusation is of torturing of the informant by her husband and other in-laws.

Learned counsel for the petitioner submits that, in fact, petitioner wants to keep his wife and child with full dignity, but informant filed Matrimonial Case No. 07 of 2013 in the Court Principal Judge, Family Court, Gaya. Thereafter, only to put pressure

Patna High Court Cr.Misc. No.53375 of 2016 (2) dt.16-12-2016 2/2 on the petitioner informant filed this case with false allegation of torturing through different modes.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Sherghati, Gaya in connection with Barachatti P.S. Case No. 206 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T