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Patna High CourtCR. MISC./5067/2020bail rejected

Satyam Poddar @ Satyanarayan Poddar v. The State Of Bihar

2021-10-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5067 of 2020 Arising Out of PS. Case No.-388 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Satyam Poddar @ Satyanarayan Poddar Son of Ramdeo Poddar Resident of Village- Lalbag, P.S.- Purnea Sadar, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Namrata Kumari Wife of Satyam Poddar @ Satyanarayan Poddar, D/oChandrachur Poddar Presently resident of Mohalla- Mahatma Gandhi Road, P.S.- Khagaria, District- Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. 388-C/17 instituted for the offence under Sections 498(A), 323 & 341 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. As per complaint petition, petitioner along with his family members has tortured in various ways due to nonfulfillment of motorcycle and finally they ousted her from matrimonial home after snatching her belongings. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.5067 of 2020(5) dt.28-10-2021 2/2 has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any thing from the informant.

It is submitted by learned counsel for the informant that petitioner has solemnized second marriage without getting divorce from the complainant.

Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and considering the fact that petitioner has performed second marriage without getting divorce from the complainant, this Court is not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail within a period of six weeks, the same shall be considered by the court below, without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) Sushma/- U