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Patna High CourtCR. MISC./73253/2019bail granted

Ravindra Prasad Gupta v. The State Of Bihar

2019-11-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73253 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== RAVINDRA PRASAD GUPTA Son of Satya Narayan Sah Resident of Village - Narhi, P.S. - Andhra Manth, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sabita Kumari Wife of Ravindra Prasad Gupta Resident of Village - Narhi, P.S. - Andhra Manth, District - Madhubani. At present Resident of Village - Laxmipur, P.S. - Laukahah, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Laukaha P.S.Case No.146 of 2019 , registered for offences punishable under Sections 341, 323,498(A), 452, 504, 506, 120(B), 34 of the Indian Penal Code.

Petitioner happens to be husband and there is allegation of demand and torture and further allegation is that he has solemnized second marriage with another lady. Submission of the learned counsel for the petitioner is that as matter of fact the informant is a working lady and she is not ready to reside with the petitioner as such the petitioner

Patna High Court CR. MISC. No.73253 of 2019(2) dt.19-11-2019 2/2 filed filed a petition under Section 9 of the Hindu Marriage Act for restitution of the conjugal rights but in spite of that the informant has not come to reside with the petitioner and later on the petitioner has solemnized second marriage as there is no one to look after him and his family affairs. Heard learned A.P.P. , who has opposed the payer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Madhubani in connection with Laukaha P.S.Case No.146 of 2019, subject to conditions as laid down under Section 438

(2) of the Code of Criminal Procedure with further condition to co-operate in the investigation..

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T