Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78769 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- BHAPTIAHI District- Supaul ====================================================== DHIRAJ KUMAR Son of Late Satya Narayn Yadav Resident of Village - Kodhli, P.S.- Bhaptiyahi, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 498(A)/34 of the Indian Penal Code. Informant has alleged in her written complaint that she was married with petitioner 13 years before according to Hindu rites and customs and gifts, ornaments and other household articles were presented at the time of marriage and she was living in her matrimonial home peacefully and thereafter her husband petitioner got a government job but her husband (petitioner) failed to perform her marital obligation. It is further alleged that petitioner had illicit relation with his sister-in-law.

It has been submitted on behalf of petitioner that he is

Patna High Court CR. MISC. No.78769 of 2019(2) dt.03-12-2019 2/2 innocent and has been falsely implicated in this case on the basis of concocted and false allegation. Petitioner had filed a divorce case being divorce case No. 6/19 dated 29.01.2019 in the family court and present case has been instituted thereafter. Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Bhaptiyahi P.S. Case No. 42 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T