Prabhunath Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46646 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== PRABHUNATH GUPTA Son of Bishwanath Sah Resident of Village - Nawada, P.S.- Barauli, Distt - Gopalganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Nibha Devi Wife of Prabhunath Gupta, D/o Late Kailashpati Sah Resident of Village - Nawada, P.S.- Barauli, Distt - Gopalganj. Presently residing at Village - Rewati, P.S.- Baikautpur, Distt - Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyavrat Verma For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Barauli P.S.Case No.26 of 2019 dated 27.1.2019 , registered for offences punishable under Sections 498A and 34 of the Indian Penal Code.

As per the written report, the informant was married with the petitioner and she has two daughters also. It is alleged that after return from outside the petitioner used to assault her and also lodged a divorce case against her and threatened her daughters not to talk to the informant.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.46646 of 2019(2) dt.29-07-2019 2/2 that earlier to that the petitioner and the informant have also filed a complaint case, in which the petitioner has been granted bail thereafter the present case has been filed and prior to that he had also filed a Divorce Case against the informant on the ground of desertion.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, District Gopalganj in connection with Barauli P.S.case No.26 of 2019 dated 27.1.2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T