Sudarshan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4649 of 2023 Arising Out of PS. Case No.-587 Year-2015 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== SUDARSHAN PANDEY Son of Indrasan Pandey R/V- Daintha, P.OKandwa, P.S- Chiraigaon, Dist- Chandauli Uttar Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Janki Devi Wife of Shri Sudarshan Pandey , D/o Shri Lal Pandey R/VBasmanpur P.O- Belaon P.S- Sikraol, Dist- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 406 and 34 of the Indian Penal Code and Sections 3 and 4 of the DP Act.

3.

From perusal of the office report dated 22-2-2024, it manifests that the same records that the notices were hung at the door of the OP No. 2 as OP No. 2 could not be found as she now resides in Delhi. Since the notices were hung on the door as such the same shall be deemed to be validly served. 4.

The learned counsel for the petitioner next submits that petitioner being husband has been falsely implicated in the present case. It is next submitted that the marriage in between

Patna High Court CR. MISC. No.4649 of 2023(3) dt.26-02-2024 2/2 the petitioner and the OP No. 2 was performed in the year 2007, and 8 years thereafter, the complaint case came to be instituted. It is further submitted that the OP No. 2 even did not appear before the learned district court also when notices were served on her, as such it appears that she is not inclined to restitute her conjugal life. It is further submitted that petitioner will not abscond rather will cooperate in the trial.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Compliant Case No. 587C of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T