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Patna High CourtCR. MISC./24944/2015bail granted

Yugal Kishore Tiwari @ Yugal Kishor Tiwary @ Yugal Kishore Tiwari v. The State Of Bihar

2015-07-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24944 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Yugal Kishore Tiwari @ Yugal Kishor Tiwary @ Yugal Kishore Tiwari Son of Srikant Tiwary resident of Mohalla - Shivtola, Ram Nagar, P.S. Chapra Muffasil, District - Saran, Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mrs. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 498(A) and other sections of the Indian Penal Code. The wife of the petitioner made allegation that the petitioner and others assaulted her. She was married to the petitioner in the year 1987 and she has got one son and one daughter, but they all wanted to drive her out from the house. Her husband wanted to marry again after divorcing her. Learned counsel for the petitioner submits that the allegations are false and concocted. After 28 years of marriage, the wife filed this petition. Even the son and the daughter are not happy with the behaviour of their mother, the informant.

On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted

Patna High Court Cr.Misc. No.24944 of 2015 (2) dt.14-07-2015 2/2 that even after 28 years of marriage, the informant was brutally assaulted.

From perusal of the contents of the F.I.R. itself, it appears that the son and the daughter of the informant are also not willing to keep the informant with them. The petitioner husband has already filed a divorce case in the year 2014. Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran, Chapra in Mufassil P.S. Case No. 85/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T