Bench of Justice Birendra Kumar granted anticipatory bail to petitioners in a matrimonial case involving charges of bigamy and attempted murder. Reliability on bailable nature of offence.
Released on bail of Rs.20,000 each with two sureties subject to verification of maintenance payment; failure to pay maintenance may result in cancellation of bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71959 of 2019
Arising Out of PS. Case No.-20 Year-2017 Thana- ISUAPUR District- Saran
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... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 09-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 494/307/34 of the Indian Penal Code.
Petitioner No.1 is husband of Opposite Party No.2 and petitioner No.2 is second wife of petitioner No.1.
Submission is that old matrimonial dispute is going on between petitioner No.1 and Opposite Party No.2 and the petitioner No.1 is already paying maintenance to Opposite Party
Patna High Court CR. MISC. No.71959 of 2019(3) dt.09-12-2019 2/2
No.2 as ordered by the Court. The aforesaid fact is stated in paragraph 9 of the petition. Offence under Section 494 of the Indian Penal Code is bailable one.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Isuapur Police Station Case No.20 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
Before accepting the bail bond the learned Courtbelow shall verify as to whether up to date maintenance amount is paid or not.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether petitioners facing charge under Sections 494 and 307 IPC are eligible for anticipatory bail given the alleged maintenance default.
2 provisions across 2 enactments
Harendra Mahto
Guriya Devi
The State of Bihar
Usha Devi
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
