Rundi Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56137 of 2019 Arising Out of PS. Case No.-369 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== RUNDI MUKHIYA Son of Late Ramphal Mukhiya Resident of Village and P.S. and P.O.- Kunauli, District - Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suraji Devi Wife of Shri Rumdi Mukhiya Resident of Village and P.S.- Kunauli, District - Supaul.

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned APP for the State. No one appears on behalf of opposite party no. 2.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 369 of 2017, registered for the offence punishable under sections 498A/379 of the Indian Penal Code.

As per allegation in the complaint, it is stated by the O.P. No. 2 that the petitioner has a relationship with another woman, he started to torture her and on 13.05.2017 went

Patna High Court CR. MISC. No.56137 of 2019(6) dt.26-02-2020 2/3 away with her gold and other ornaments worth Rs. 60,000/- as also Rs. 1.5 lakhs in cash. Thereafter it is stated that on returning, he started to beat her up.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the complaint are false and concocted. The allegation of theft has not even been found to be prima-facie correct by the learned Court below and cognizance has been taken only under section 498A of the Indian Penal Code. It is further submitted that the allegation against the petitioner of having relationship with another woman is also not correct.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Complaint Case no. 369 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

Patna High Court CR. MISC. No.56137 of 2019(6) dt.26-02-2020 3/3 1st, Birpur, Distt. Supaul subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U