Jawahar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67325 of 2019 Arising Out of PS. Case No.-45 Year-2013 Thana- BITHAN BAZAR District- Samastipur ====================================================== Jawahar Sahu, Son of Ram Sagar Sah, Resident of Village- Sohama, P.S.- Bithan, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 This is an application for grant of anticipatory bail in connection with Bithan P. S. Case No. 45 of 2013, disclosing offences under Sections 341, 323 and 498A of the Indian Penal Code.

As per F.I.R. informant claimed to be the wife of the petitioner and submitted that the petitioner has solemnized two marriage and when she demanded partition and maintenance, she was subjected to assault.

Submission of learned counsel for the petitioner is that the informant has suppressed the fact that she is wife of elder brother of the petitioner and elder brother has already died. In spite of that petitioner and other family members were maintaining her, but in order to pressurize the petitioner, the present case has been lodged.

In this case earlier notice was issued to the

Patna High Court CR. MISC. No.67325 of 2019(3) dt.10-01-2020 2/2 complainant-opposite party no.2 and from the office note it appears that the opposite party no.2-complainant has received the notice personally, but nobody appears on her behalf. Heard learned APP also.

Having heard both sides, in view of the submissions, made above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Rosera, Samastipur, in connection with Bithan P. S. Case No. 45 of 2013.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T