Raju Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80624 of 2018 Arising Out of PS. Case No.-1346 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Raju Rai Son of Vaishakhi Ray Resident of Village - Jayanagar, P.S.- Barauni, District - Begusarai ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Jaimala Devi Wife of Raju Rai, Daughter of Ram Sharan Mahto Resident of Village - Sujja, P.S.- Muffasil, District - Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No-1 For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1346C/2017 , registered for offences punishable under Sections 323, 504, 307, 406, 498(A) of the Indian Penal Code and Section 3⁄4 of the D.P.Act. Allegation against the petitioner is of subjecting his wife (O.P.no.2) of cruelty with respect to demand of Rs.01 lac and one motorcycle.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted, as a matter of of fact she left the house of the petitioner on her own and took away the articles and when the petitioner filed a complaint petition, the present case has been filed after one yer, which he

Patna High Court CR. MISC. No.80624 of 2018(5) dt.21-06-2019 2/2 has mentioned in para 9 of the petition.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that she was subjected to cruelty.

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 court below within a period of six weeks from the date of receipt of order 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 SDJM, Begusarai in connection with Complaint Case No.1346C of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, however, if still the O.P.no.2 wants to reside with the petitioner, he will keep her with dignity. With the aforesaid direction, this application is allowed.

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