Upendra Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6062 of 2015 (2) dt.13-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6062 of 2015 Arising Out of PS.Case No. -185 Year- 2013 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Upendra Rai son of Mahendra Rai resident of village Bhalui, P.S. Raja Pakar, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sarita Devi wife of Upendra Rai presently residing at c/o Late Ram Pravesh Rai villae Sabalpur, Pachhiyari Tola, P.O. and P.S. Sonpur, District Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Raja Pakar P. S. case no. 185/2013 registered under sections 323, 341, 498A/34 of the IPC and section 3/ 4 of the D.P. Act. Admittedly, marriage of the petitioner was solemnized with the informant in the year 1999 whereas present case was lodged in the year 2013. Furthermore, from perusal of the impugned order of the learned Sessions Judge, it would appear that informant refused to lead her conjugal life with the petitioner on the ground that she might be killed by the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed

Patna High Court Cr.Misc. No.6062 of 2015 (2) dt.13-02-2015 and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Raja Pakar P. S. case no. 185/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T