Patna High CourtCR. MISC./59218/2018bail granted

Kamlesh Kumar @ Monu v. State Of Bihar And ANR

2018-09-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.59218 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59218 of 2018 Arising Out of PS.Case No. -160 Year- 2017 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Kamlesh Kumar @ Monu Son of late Rajendra Lal Resident of Vishnugarh Cherara Satyamail Chowk, P.S. Vishnugarh, District- Hazaribagh (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Suhani Kumari D/o Hazari Lal Resident of Main Road, Chamar Toli Gali, P.S. Warsaliganj, District- Nawada.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.09.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and learned counsel for the complainant.

Petitioner apprehends his arrest in connection with Complaint case no. 160/2017 in which cognizance has been taken for the offence under Section 498A of the IPC and 3⁄4 of the D.P. Act.

Petitioner happens to be husband of the complainant but submission on behalf of the petitioner is that petitioner filed divorce suit against the complainant and a competent court passed the decree of divorce dissolving

Patna High Court Cr.Misc. No.59218 of 2018 (2) dt.28-09-2018 the marriage of petitioner and complainant.

Learned counsel for the complainant submits that the decree of divorce was taken by petitioner without giving any notice to the complainant and the complainant has to file petition for setting aside the ex parte decree of divorce. Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Nawada in Complaint case no. 160/2017 subject to condition as laid down under section 438(2) of the Cr.P.C.

Shahid/Abhijeet (Hemant Kumar Srivastava,J) U T