Rajesh Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85262 of 2019 Arising Out of PS. Case No.-499 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAJESH CHAUBEY S/o Late Akshaywar Chaubey R/o village- Basuhari, P.S.- Belaon, District- Kaimur (Bhabhua) 821102 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunaina Devi @ Vimla Devi W/o Rajesh Choubey R/o village- Basuhari, P.S.- Belaon, District- Kaimur (Bhabhua) and presently residing at D/o Sri Ramjagi Tiwari, Village- Orgaw, P.S.- Bhagwanpur, District- Kaimur (Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Bihari Sinha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 499 of 2019 registered for the offences punishable under Sections 498A, 323 and 506 of the Indian Penal Code.

Petitioner happens to be husband of the complainant and allegation is that he subjected her to cruelty and assault. Submission of learned counsel for the petitioner is that earlier to that she had also fled away from the house and for that he has filed a petition for restitution of conjugal right in which she agreed to reside with the petitioner and again she created nuisance in the house and thereafter the present case has

Patna High Court CR. MISC. No.85262 of 2019(2) dt.06-01-2020 2/2 been filed and marriage was solemnized 20 years before lodging the case.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar Pathak, Judicial Magistrate, 2nd Class, Kaimur at Bhabua, in connection with Complaint Case No. 499 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T