Abhishek Upadhyay v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.27584 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27584 of 2015 Arising Out of PS.Case No. -790 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Abhishek Upadhyay son of Pars Upadhyay, resident of village Kamhariya, P.S. Kandawa, District Chandauli (U.P.), .... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Devi Wife of Abhishek Upadhaya, D/o Vijay Shankar Tiwary resident of village Kamhariya, P.S. Kandawa, District Chandauli (U.P.) at presently reside at village Nonar, P.S. Ramgarh, District Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498 (A) of the Indian Penal Code registered in connection with Complaint Case No. 790 (C) of 2014.

3. It is submitted that the petitioner has been falsely implicated as the petitioner himself has filed Matrimonial Case No. 209 of 2014 before the Family Court, Chandauli under Section 9 of the Hindu Marriage Act. In any event he offers to deposit an amount of Rs. 1,000/- per month regularly for the benefit of opposite party no. 2.

4. Learned counsel for the complainant appears

Patna High Court Cr.Misc. No.27584 of 2015 (2) dt.27-07-2015 and has been heard.

5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kaimur at Bhabua, in connection with Complaint Case No. 790 (C) of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. with additional condition that the petitioner will deposit a sum of Rs. 1,000/- per month regularly before the learned Court below which shall be available for withdrawal by opposite party no. 2 and upon failure to deposit any two consecutive instalments, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Md. Ibrarul/- U T