Patna High CourtCR. MISC./41339/2023bail rejected

Radha Krishna Singh @ Radhakrishnan R Yadav v. The State Of Bihar

2023-08-22Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41339 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RADHA KRISHNA SINGH @ RADHAKRISHNA R YADAV Son of Late Ram Awatar Yadav Resident of village - Bhirkhira, P.S. - Mohania, Distt. - Kaimur at Bhabhua ... ... Petitioner/s

Versus

The State of Bihar 2.

Mira Devi Wife of Radha Krishna Singh R/o Village - Bhirkhira, P.S. - Mohania, At present R/o village - Bhaluhi, P.S. - Mohania, Distt. - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP For the O.P. no. 2 :

Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant - opposite party no. 2 who appears suo motu.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Mohania P.S. Case no. 220 of 2023 registered under sections 498A, 494, 341, 323, 354 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that on the date of occurrence ie 2.4.2023 at about 10 a.m., on the instigation of the second wife, the petitioner

Patna High Court CR. MISC. No.41339 of 2023(2) dt.22-08-2023 2/3 assaulted the informant and threw both the informant as also her son out of the house.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The informant once upon a time happened to be the wife of the petitioner. Their marriage has been dissolved by a decree of divorce by judgment dated 30.8.1996 (Annexure-2) passed in Hindu Marriage Petition no. 83/96. It is further submitted that for similar allegations the informant had filed a complaint case in the year 1998 and now has filed the instant FIR. As such the petitioner be enlarged on anticipatory bail.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration the material on record it transpires that though it is correct that there has been litigation between the parties in the past including the decree of divorce which the petitioner appears to have obtained surreptitiously from a court in Gujarat, so far as the allegation in the FIR from which the instant application for bail arises is with respect to assault and abuse which took place on 2.4.2023.

7. In view of the petitioner being named in the FIR

Patna High Court CR. MISC. No.41339 of 2023(2) dt.22-08-2023 3/3 and there being direct allegation against him, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

8. The petitioner is directed to surrender in the court below within a period of four weeks. In case the petitioner so surrenders, the prayer for bail of the petitioner shall be considered on its own merit without being prejudiced by this order of rejection.

(Partha Sarthy, J) Spd/- U T