Jitendra Chaupal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.5633 of 2015 (2) dt.11-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5633 of 2015 Arising Out of PS.Case No. -686 Year- 2012 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Jitendra Chaupal S/o Ram Prasad Chaupal Resident of Village Batlohiya, P.S. Pandaul, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Arti Devi W/o Jitendra Chaupal, D/o Surendra Chaupal R/o Village Salampur, P.S. Pandaul, District Madhubani.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 11.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with C.R. no. 686/2012 in which cognizance has been taken under section 498A of the IPC.

Admittedly, petitioner is husband of the complainant and earlier complainant filed Maintenance case no. 181/2011 against the petitioner and the petitioner filed matrimonial suit bearing M.M. no.155/2012 for restitution of his conjugal rights. In the above stated M.M. no.155/2012 compromise petition was filed and on the basis of compromise petition, Maintenance case no. 181/2011 as well as M.M. no.155/2012 were disposed of. The complainant agreed in that compromise petition to withdraw C.R. no. 686/2012 and admittedly, the above stated case has not been withdrawn by the complainant as

Patna High Court Cr.Misc. No.5633 of 2015 (2) dt.11-02-2015 yet and moreover, it appears that after the above stated compromise, complainant again, filed maintenance case bearing M.R. case no. 261/2013.

Considering the aforesaid facts and circumstances as well as 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, Madhubani in Tr. no. 4348/2013 arising out of C.R. no. 686/2012 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T