Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69494 of 2019 Arising Out of PS. Case No.-380 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== GOVIND KUMAR Son of Awadhesh Prasad R/o Mahadeo More, P.S. Hisua, Dist.- Nawada.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Sarita Kumari @ Jyoti Kumari Wife of Govind Kumar D/O Bhola Sao R/o Village - Mahadeo More, P.S. Hisua, Dist.- Nawada. A/P Village- Naya Tola, Sangatpar, Bakhtiyarpur, P.S. Bakhtiyarpur, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 380 (C ) of 2018, registered for the offences punishable under Sections 498 (A), 323/34 of the Indian Penal Code.

As per complaint case, petitioner happens to be husband of the complainant and there is allegation of demand of Rs. 4,00,000/- and for that she was subjected to cruelty. Submission of the learned counsel for the petitioner is that the prior to the present case petitioner has filed a divorce case against the complainant which is later on decided in favour of the petitioner and ex parte decree of divorce has been passed by the family Court which will appear from Annexure-2.

Patna High Court CR. MISC. No.69494 of 2019(2) dt.06-11-2019 2/2 Heard learned A.P.P. Also.

Having heard both sides, considering the above submission, this application 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 Five Thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Complaint Case No.-380 (c ) of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T