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Patna High CourtCR. MISC./59789/2022bail granted

Radheyshyam Yadav v. The State Of Bihar

2023-01-02Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59789 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== RADHEYSHYAM YADAV SON OF KISHUN YADAV R/O VILLAGEDHANKUTAWA, P.S.- BALTHAR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

VIDYAWATI DEVI WIFE OF RADHEYSHYAM YADAV, D/O LATE CHHATHU YADAV R/O VILLAGE- DHANKUTAWA, P.S.- BALTHAR, DISTRICT- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Balthar P.S. Case No. 85 of 2021 registered for the offence under sections 498A/323/379/504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that for the same cause of action earlier also the informant had filed Complaint Case No. 622 C of 2003 under section 498A of the Indian Penal Code, in which the appellant was finally sentenced to undergo simple imprisonment for six months with payment of fine of Rs. 3000/-, vide judgment dated 08.04.2019 as contained in Annexure-2. Further, the petitioner is paying the maintenance

Patna High Court CR. MISC. No.59789 of 2022(2) dt.02-01-2023 2/2 amount to the informant as awarded by the Family Court. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, is directed to be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Balthar P.S. Case No. 85 of 2021 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. mcv/- (Arvind Srivastava, J) U T