Haresh Kumar @ Haresh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29891 of 2020 Arising Out of PS. Case No.-181 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== HARESH KUMAR @ HARESH KUMAR THAKUR Son of Ram Sudisht Thakur Resident of Village - Marpa Kachore, P.S.- Kanahauli, District - Sitamarhi ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manita Devi Daughter of Harikant Jha Resident of Village - Marpa Kachore, P.S.- Kanahauli, District - Sitamarhi, At present residing at Village - Lakhnipur, P.S.- Nanpur, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. C1-181 of 2017 registered under Section 498A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that one matrimonial case filed by the petitioner was disposed of by the Court below with the observation that the complainant/opposite party no. 2 would join the company of the

Patna High Court CR. MISC. No.29891 of 2020(7) dt.20-03-2023 2/2 matrimonial house but she did not abide the order of the Court below. In view of the order of the Family Court in divorce case bearing Divorce Case No. 2485 of 2018, the petitioner had deposited a payment of Rs.11,000/- to the opposite party no. 2 to meet the expenses of conveyance. He also submits that the complainant gave birth to a male child and in a birth certificate, the name of the husband has been shown as Ramjee Pandey who is the brother-in-law of the petitioner. Petitioner has got no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No. C1-181 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T