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Patna High CourtCR. MISC./58624/2015disposed

Ayodhi Yadav @ Ayodhya Yadav v. State Of Bihar And ANR

2016-07-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58624 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Ayodhi Yadav @ Ayodhya Yadav Son of Late Bhonu Yadav R/O Uda Purb P.o. Madhuban, P.s. Udakishunganj Distt Madhepura. .... .... Petitioner/s

Versus

1. State of Bihar & Anr

2. Gita Devi Wife of Ayodhi Yadav R/O Uda Purb P.o. Madhuban P.s. Udakishunganj Distt Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Singh, Advocate For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 494, 504, 506 of the Indian Penal Code.

The basis accusation is of torture and performance of second marriage.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of several children. The second marriage was performed by the petitioner about 20 years ago. The present accusation has been levelled in the background of protest made by the petitioner since, the

Patna High Court Cr.Misc. No.58624 of 2015 (4) dt.21-07-2016 informant was alienating the property and lands have been transferred by the informant in favour of her children. The matter was adjourned since last several occasions, but the issue could not be reconciled.

Considering the fact that the second marriage is admitted by the petitioner which itself amounts to torture, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Udakishunganj P.S. Case No. 87 of 2015, pending in the court of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T