Single judge order for anticipation bail in a Section 498 IPC complaint arising from matrimonial disputes. Court released petitioner on bond within four weeks subject to conditions under Section 438(2) CrPC.
Petitioner to be released on bail of Rs. 10,000 with sureties within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26111 of 2019
Arising Out of PS. Case No.-2931 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai
======================================================
UMESH KUMAR YADAV, Son of Bhuvneshwar Yadav Resident of Village - Kua, P.S.- Bithan, District- Samastipur
... ... Petitioner
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mira Kumari For the Opposite Party/s : Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 23-04-2019 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case no. 2931 (C) of 2015, registered under Section 498 of the Indian Penal Code.
The accusation is that while complainant was kept properly about 12 years after the marriage by her husband and other in-laws at her matrimonial house and during that period, two male and one female child were born, but, thereafter, she was being tortured for non-fulfillment of demand of Rs. One lakh and ultimately, she was removed from her matrimonial house on 10.08.2014 after snatching her personal belongings.
Patna High Court CR. MISC. No.26111 of 2019(2) dt.23-04-2019 2/2
Learned counsel for the petitioner submits that, in fact, petitioner is the husband of the complainant and due to ill behaviour and unadjustable attitude, the petitioner filed Divorce case No. 331 of 2014 in the Court of Principal Judge, Family Court, Samastipur on 02.12.2014, thereafter, only to put undue pressure, the complainant, who is wife of the petitioner, has filed the present complaint case on 29.09.2015.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Begusarai in connection with Complaint Case No. 2931 © of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner be granted bail apprehending arrest in the pending complaint under Section 498 IPC related to matrimonial disputes?
2 provisions across 2 enactments
Umesh Kumar Yadav
The State Of Bihar
Smt. Santosh Kumari
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
