Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57830 of 2019 Arising Out of PS. Case No.-267 Year-2014 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Akhilesh Kumar, Son of Ramashish Singh Resident of Village - Delukhua, P.S.- Dinara, Dist.- Rohtas.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Surendra Singh Son of late Akhilesh Kumar Resident of Village - Nawadih, P.S.- and Dist.- Rohtas.

3.

Meera Devi W/o Akhilesh Kumar Resident of Village - Nawadih, P.S.- and Dist.- Rohtas.

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-03-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No.267 of 2014 registered for the offences punishable under Section 498A of the I.P.C.

No one appears on behalf of the opposite party no.2. Petitioner happens to be husband of the opposite party no.3. Moreover, Annexure-3 to the petition goes to show that the opposite party no.3 has already solemnized her second marriage. Furthermore, Annexure-2 to the petition goes to show that petitioner had filed matrimonial suit for restitution of his

Patna High Court CR. MISC. No.57830 of 2019(6) dt.05-03-2020 2/2 conjugal rights, which was decreed in his favour, but in spite of that opposite party no.3 did not go to the house of the petitioner to lead her married life.

Considering the aforesaid facts and circumstances of the case 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, Dehri-on-Sone, Rohtas in connection with Complaint Case No.267 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash U T