Patna High CourtCR. MISC./60758/2018bail granted

Birmani Prasad @ Birmani Yadav v. The State Of Bihar And ORS

2018-12-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60758 of 2018 Arising Out of COMPLAINT CASE Case No.-1489 Year-2015 District- Nawada ====================================================== Birmani Prasad @ Birmani Yadav S/o Gango @ Ganga Yadav, resident of Village- Masankhawan, P.S.- Warsaliganj, District- Nawada. ... ... Petitioner

Versus

1. The State of Bihar.

2. Sunita Devi, W/o- Birmani Pd. Yadav @ Birmani Yadav & D/o Alakhdeo Yadav, At present resident of Village- Goar Dhobu, P.S. Mufasil (Nawada), District- Nawada.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Arun, Advocate For the Opposite Party/s :

Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

No one appears for the complainant.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1489 of 2015 in which cognizance has been taken under Section 498A of the Indian Penal Code. Considering that prior to institution of the instant complaint in which cognizance has been taken under Section 498-A of the Indian Penal Code, the petitioner had filed a matrimonial case vide Matrimonial Case No. 184 of 2015 under Section 9 of the Hindu Marriage Act in the Family Court, Nawada, in the event of arrest or surrender before the court

Patna High Court Cr.Misc. No.60758 of 2018(4) dt.11-12-2018 2/2 below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in Complaint Case No. 1489 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

kanchan/- (Ashwani Kumar Singh, J) U T