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Patna High CourtCR. MISC./57540/2019allowed

Bechan Sah @ Bechan Kumar v. The State Of Bihar

2020-07-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57540 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== BECHAN SAH @ BECHAN KUMAR, Son of Sukhdeo Sah, Resident of Village- Sindhyan, Ward No. 9, Mehasimar, P.S.- Kisanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Devi, W/o Bechan Sah @ Bechan Kumar, Resident of VillageSindhyan, Ward No. 9, Mehasimar, P.S.- Kisanpur, District- Supaul. At present- Resident of Village- Tekuna Tola, Chhatha, P.S.- Pratapganj, District- Supaul.

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and the State as well as complainant.

The petitioner, who is husband, is apprehending arrest in connection with Complaint Case No. 164 C of 2018 for the offence under Sections 498A of the Indian Penal Code. Learned counsel for the petitioner submits that the wife (opposite party no.2) is not willing to stay with the husband.

Considering the totality of the facts of this case and the allegation that the petitioner has joined second wedlock, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed

Patna High Court CR. MISC. No.57540 of 2019(8) dt.07-07-2020 2/2 to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur in connection with Complaint Case No. 164 C of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with further condition that the petitioner will pay Rs.10,000/- (Ten thousand) per month, as maintenance to opposite party no.2 regularly, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) uday/- U T