Ganesh Mistri @ Ganesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77420 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== Ganesh Mistri @ Ganesh S/o Indradeo Mistri, R/o Vill.- Bhuski, P.S.- Khushrupur, district- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
`Mr.Dhananjaya Nath Tiwari, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP For the Informant : Mr. Rudra Deo, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Khushrupur P.S.Case No. 64 of 2018 registered under Sections 498-A, 341, 379, 504 and 506 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the informant had left her matrimonial house out of her own will and she is not willing to live with the petitioner. The marriage had taken place more than 10 years back and the petitioner is also blessed with a daughter. He is willing to keep his wife with full dignity and honour, but despite his best efforts, she is not willing to live with him. On the other hand, learned counsel appearing for the
Patna High Court Cr.Misc. No.77420 of 2018(2) dt.11-01-2019 2/2 informant submitted that the plea taken by the petitioner is absolutely false. He repeatedly assaults and humiliates the informant and inspite of the order passed by the court below he did not keep the informant in her matrimonial home peacefully. Be that as it may, keeping in mind the nature of allegation and the rival submissions made by the parties, in the event of arrest or surrender before the court below, 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 A.C.J.M.-VI, Patna City in connection with Khushrupur P.S. Case No. 64 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/- U T