Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19529 of 2024 Arising Out of PS. Case No.-1266 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Pintu Kumar Son of Bhagwan Mahto R/O Vill-Deokuli, Ps-Bihta, Dist-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruchi Devi W/o Pintu Kumar Ro vill - Usri Shikarpur, P.S. - Shahpur, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shovendra Kumar For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024

1. Heard learned counsel for the petitioner Mr. Yogendra Tiwari and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A), 494, 323, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner being the husband has been falsely implicated in the instance case by the complainant. It is next submitted that petitioner was always willing to keep the complainant with honour and dignity along with the child but then the O.P. No.2 was never interested in restituting her conjugal rights. It is also submitted that O.P. No.2 has performed her second marriage, as such, she was not interested in continuing her marital relation with the petitioner. The learned counsel for the petitioner submits that the aforesaid submission has

Patna High Court CR. MISC. No.19529 of 2024(4) dt.05-09-2024 2/2 been made based on instruction of the petitioner.

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

5. 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 trial court where the case is pending/successor court in connection with Complaint Case No.1266© of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that O.P. No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if she has not performed her second marriage. The learned trial court is directed to hand over a copy of this order to the learned counsel appearing on behalf of the O.P. No.2.

(Satyavrat Verma, J) amit/- U T