Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37023 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== ABHAY KUMAR S/o Yamuna Singh R/o village- Barauli, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila (Nalanda Sadar) P.S. Case No. 111 of 2018 registered for the offences punishable under Sections 498A and 34 of the Indian Penal Code.

As per FIR petitioner is alleged to have demanded Maruti car and also there is allegation that petitioner has illicit relationship with his Bhabhi and petitioner happens to be husband of the informant.

Submission of learned counsel for the petitioner is that large number of litigations are going on between the parties and informant has filed a petition under Section 9 of Hindu Marriage Act, whereas petitioner has filed a divorce case and Annexure-2 is the order of a Division Bench of this Court passed in Misc. Appeal No. 207 of 2015 in which this Court

Patna High Court CR. MISC. No.37023 of 2019(4) dt.26-09-2019 2/2 directed to dispose of both petitions under Section 9 and under Section 13 of the Hindu Marriage Act together, apart from that petitioner is paying Rs.7,800/- to the informant per month. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Mahila ( Nalanda Sadar) P.S. Case No. 111 of 2018, G.R. No. 4547 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that on failure to pay the amount continuously for three months, the informant is at liberty to move for cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) spal/- U T