In a bail application, the High Court ordered the petitioner to surrender within six weeks, file an affidavit denying a second marriage, and furnish a bail bond of Rs.25,000 to be released on bail.
Petitioner to surrender within six weeks, file an affidavit denying second marriage, and furnish bail bond of Rs.25,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16789 of 2019
Arising Out of PS. Case No.-164 Year-2018 Thana- LAXMIPUR District- Jamui
======================================================
NAND KISHORE MISHRA Son of Bhola Mishra Resident of Village - Nawkadih, P.S.- Laxmipur, Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 03-05-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Laxmipur P.S.Case no.164/18 , registered for offences punishable under Sections 341, 323, 498(A), 494, 504, 506/34 of the Indian Penal Code.
Allegation against the petitioner is of subjecting his wife to cruelty and married with another lady.
Submission of the learned counsel for the petitioner is that the allegation is false and concocted, he has not married with another lady and their marriage was solemnized 20 years ago. The petitioner has two daughters-in-law and also the daughters-in-law and O.P.no2. are residing in his house and he is ready to file an affidavit that he has not solemnized second
Patna High Court CR. MISC. No.16789 of 2019(3) dt.03-05-2019 2/2
marriage .
Heard learned A.P.P. and the learned counsel for the O.P.no.2..
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of receipt of order and file an affidavit that he has not solemnized the second marriage and on that the petitioner shall 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 ACJM 3rd , Jamui in connection with Laxmipur P.S.Case no.164 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is
allowed.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner apprehending arrest in a criminal case involving offences under sections 341, 323, 498(A), 494, 504, 506/34 IPC.
1 provisions across 1 enactments
Nand Kishore Mishra
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
