Patna High CourtCR. MISC./6256/2015bail granted

Ajay Kumar Singh v. The State Of Bihar

2015-02-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6256 of 2015 (2) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6256 of 2015 Arising Out of PS.Case No. -392 Year- 2012 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Ajay Kumar Singh S/o Late Mushafir Singh Resident of village - Nawakhap, P.O. Sagahi, P.S. Gurua, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 392/2012 in which cognizance has been taken under sections 498A and 494 of the IPC.

Admittedly, petitioner is husband of the complainant and his marriage with the complainant was solemnized on 19.5.2002 whereas complaint case was filed in the year 2012.

The contention on behalf of the petitioner is that petitioner got compassionate appointment in place of his father and he has to maintain joint family having seven brothers. The complainant made protest and refused to reside in joint family and that was the reason she left her matrimonial home in the year 2005 which is evident from annexure 2 to this petition. It is further contended by him that the complainant had filed a maintenance case and so far as allegation of

Patna High Court Cr.Misc. No.6256 of 2015 (2) dt.16-02-2015 second marriage of the petitioner is concerned, same is completely baseless and false.

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, Aurangabad in Complaint Case No. 392/2012 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T