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Patna High CourtCR. MISC./48208/2019bail granted

Rabindra Kumar v. The State Of Bihar

2019-08-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48208 of 2019 Arising Out of PS. Case No.-50 Year-2015 Thana- MAHILA P.S. District- Madhepura ====================================================== RABINDRA KUMAR S/o Jai Kumar Yadav @ Jai Kumar R/o villageKhurda, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2019 Supplementary Affidavit has been filed on behalf of petitioner stating therein that he had filed petition in the Court below that he is willing to keep his wife with him, where he is posted.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mahila (Madhepura) P.S. Case No. 50/2015, corresponding to G.R. Case No. 1202/2015, instituted for offence under Section(s) 498A, 323, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that earlier petitioner was granted anticipatory bail for four months by a Co-ordinate Bench of this Court vide order dated 24.04.2017 passed in Cr. Misc. No. 10583/2017. Petitioner had filed necessary petition in the court below stating therein that he

Patna High Court CR. MISC. No.48208 of 2019(2) dt.08-08-2019 2/2 is willing to keep the informant but she did not go with petitioner. Informant does not want to live with petitioner. It is further submitted that petitioner has not solemnized second marriage with Annu Kumari. Petitioner is working in Indian Naval Service. He was deployed for overseas deployment out of country from May, 2018 to October, 2018. Photo copy of the certificate issued by Lieutenant Commander is annexed as Annexure-3.

Petitioner is in custody since 28.06.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhepura, in connection with Mahila (Madhepura) P.S. Case No. 50/2015, corresponding to G.R. Case No. 1202/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T