Hari Shankar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28459 of 2020 Arising Out of PS. Case No.-210 Year-2006 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Hari Shankar Mukhiya, aged about 38 years Male S/o Pritam Mukhiya Resident of Village- Kerwara, Police Station- Bisfi, District- Madhubani. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Shivchandra Devi @ Shiv Kumari Devi W/o Hari Shankar Mukhiya At present residing at village-Bhima Makleshwarpur, P.S.-Pupri, DistrictSitamarhi. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Uday Kumar, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The service report indicates that the mother of the complainant (opposite party no.2) met the process server and said that her daughter has solemnized second marriage. The petitioner, who is the husband of the complainant, is apprehending arrest in connection with Complaint Case No. C-1/210 of 2006 for offence under Section 498A of the Indian Penal Code.

Since the opposite party no.2 has not entered appearance by filing any vakalatnama, this Court is inclined to grant the privilege of anticipatory bail to the petitioner who is

Patna High Court CR. MISC. No.28459 of 2020(3) dt.12-03-2021 2/2 the husband of the opposite party no.2 having no criminal antecedent and the marriage took place in the month of March, 2002. Let the petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Complaint Case No. C-1/210 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T