Mahesh Kumar Karn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56893 of 2019 Arising Out of PS. Case No.-3096 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Mahesh Kumar Karn Son of Ramesh Prasad Karn Resident of Mohalla - Narayan Niwas, Barah Patthar Ward no. 14, P.S.- Town Samastipur, DistrictSamastipur ... ... Petitioner

Versus

1.

The State of Bihar 2.

Neha Rani Wife of Mahesh Kumar Karn, D/O - Nawal Kishor Prasad Resident of Mohalla - Barah Patthar Ward No. 14, P.S.- Town Samastipur, District- Samastipur. At present Mohalla - Kanhouli Math Sarda Nagar Road No. 01, P.S.- Mithanpura, District- Muzaffarpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 as well as learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Muzaffarpur Complaint Case No. 3096 of 2017 registered for the offences punishable under Sections 498-A of the Indian Penal Code and 4 of D.P. Act.

Petitioner happens to be husband of opposite party no.

2. Although, there is allegation of illegal demand as well as torture against the petitioner but perusal of impugned order goes

Patna High Court CR. MISC. No.56893 of 2019(5) dt.05-03-2020 2/2 to show that it is opposite party no. 2, who does not want to lead her conjugal life with the petitioner. Moreover, petitioner has filed a suit for restitution of his conjugal right and the opposite party no. 2 appeared in the aforesaid suit but refused to go with the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, (East) Muzaffarpur in Muzaffarpur Complaint Case No. 3096 of 2017, Tr. No. 2805 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T