Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35785 of 2019 Arising Out of PS. Case No.-1364 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== UPENDRA RAI S/o Gagandeo Rai Resident of Village- Bishunpura, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Kiran Devi W/o Upendra Rai, D/o Parma Rai Resident of Village- Bansghat, P.S.- Chakia, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.C-1364 of 2018 registered for offences punishable under Sections 323, 379 and 498A of the Indian Penal Code.

Allegation as per FIR is that the complainant (wife) was subjected to cruelty by the petitioner with respect to demand of Rs.05 lac for purchase of a truck and she was also assaulted and drove out of his house . She has a son also.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted and he is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.35785 of 2019(4) dt.30-09-2019 2/3 Heard learned A.P.P. and the learned counsel for the O.P.no.2, who has submitted that she was subjected to assault but in spite of that she is ready to reside with the petitioner, if in future she is not assaulted and subjected to cruelty. Having heard both sides and the stands of the parties, this application is disposed of with direction to the petitioner to surrender on 18.10.2019 and on that day O.P.no.2 shall also remain present in the court below and on filing an affidavit by the petitioner that he is ready to keep her with dignity and care and he will take her from the court itself and in future he will not assault or make any harassment to her, the petitioner shall be released on bail in connection with Complaint Case No.

Patna High Court CR. MISC. No.35785 of 2019(4) dt.30-09-2019 3/3 cancellation of the bail bond of the petitioner. With the aforesaid direction, this application is disposed of.

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