Patna High CourtCR. MISC./6685/2015bail granted

Upendra Yadav v. State Of Bihar And ANR

2015-02-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6685 of 2015 (2) dt.19-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6685 of 2015 Arising Out of PS.Case No. -651 Year- 2013 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Upendra Yadav son of Indradeo Yadav, resident of village- Pranpur, P.S.- Kotwali- Balia, District- Balia (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tetari Devi wife of Upendra Yadav, resident of village- Pranpur, P.S.- Kotwali- Balia, District- Balia (U.P.). Present Address- Tetari Devi D/o Shmabhu Yadav, resident of village- Tavakol Rai, Ka Dera (Chhotaka Rajpur), P.S.- Simari, District- Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be husband of complainant and admittedly, his marriage was solemnized in the year 2003 with the complainant. It is alleged that Gauna of the complainant was solemnized in the year 2008 and after that when she went to her in - law house, she was subjected to cruelty and lastly, in the year 2013 she was driven out from her matrimonial home. The impugned order of learned Sessions Judge reveals that the complainant flatly refused to lead her conjugal life with the petitioner on the ground that the petitioner has solemnized his second marriage.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.6685 of 2015 (2) dt.19-02-2015 submissions of the parties, this anticipatory bail petition is allowed 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, Buxar in Complaint Case No. 651C/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T