Risikesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36789 of 2019 Arising Out of COMPLAINT CASE No.-1771 Year-2017 District- Gaya ====================================================== Risikesh Tiwary Son of Srichand Tiwary Resident of Village - Bhabhua Ward No.13, P.S.- Bhabhua, Dist.- Kaimur (Bhabhua). ... ... Petitioner

Versus

1.

The State of Bihar 2.

Babli Kumari Pandey W/o Risikesh Tiwary, D/o Uday Das Resident of Village - Bakraur, P.S.- Bodh Gaya, Dist.- Gaya. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dharmendra Kumar Sinha, Advocate For the State :

Mr.Dr. Indiwar Kumari, APP For O.P. No. 2 :

Mr Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for opposite party no.2.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1771 of 2017 in which cognizance has been taken under Section 498A of the Indian Penal Code. It is contended by the learned counsel for the petitioner that the allegations made in the complaint are absolutely false. The complainant has lodged the case suspecting illicit relationship of the petitioner with another lady. The suspicion in the mind of the complainant has raised matrimonial discord and incompatibility as a result of which the

Patna High Court CR. MISC. No. 36789 of 2019(5) dt.20-11-2019 2/2 instant case has been instituted.

On the other hand, learned counsel appearing for the complainant has submitted that the complainant is doing course in singing and she performs in certain events which is not liked by the petitioner and for this reason he has ousted the complainant from her matrimonial home.

Be that as it may, regard being had to the nature of allegation and the submissions made on behalf of the parties, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of leaned CJM, Gaya in Complaint Case No. 1771 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T