Shiv Mandir @ Shiv Mandil Singh @ Shiv Mandir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46757 of 2019 Arising Out of PS. Case No.-49 Year-2017 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Shiv Mandir @ Shiv Mandil Singh @ Shiv Mandir Singh, Son of Data Singh, Resident of Village- Kamta, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Kumari Wife of Shiv Mandir Singh, D/o Kiuda Singh, R/o VillageRupapatti, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This is an application for grant of anticipatory bail in connection with Mahila (Bhabua) P. S. Case No. 49 of 2017, disclosing offences under Sections 498A, 120B and 379 of IPC. Case is under Section 498A of IPC with an allegation of demand and torture.

Submission of the learned counsel for the petitioner is that the allegation of demand is false and concocted. He has also filed a matrimonial case for divorce, as she is not ready to reside with the petitioner.

Heard learned A.P.P. also.

It appears that notice was issued to the opposite party no.2 and she appeared on the last date, but nobody appears on

Patna High Court CR. MISC. No.46757 of 2019(6) dt.21-11-2019 2/2 behalf of the opposite party no.2 for today.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Kaimur at Bhabua, in connection with Mahila (Bhabua) P. S. Case No. 49 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure on condition that if any, maintenance case is being filed by the opposite party no.2, on service of personal notice, he has to cooperate in disposal of the maintenance case. (Vinod Kumar Sinha, J) Sunil Shukla/- U T