Sheodutt Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5693 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheodutt Tiwary son of Late Krishna Tiwary, resident of villageBheriya P.S.- Kanti, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 The office note dated 20.06.2016 reflects that O.P. No. 2 refused to accept the notices, hence it is treated to be a deemed valid service.

At the instance of the counsel for the petitioner, the matter has been taken up on merits. The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 494, 498A, 406/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand and performing second marriage. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant but since informant herself deserted the petitioner,

Patna High Court Cr.Misc. No.5693 of 2016 (3) dt.21-06-2016 2/2 hence the petitioner has performed second marriage. It is further submitted that informant had illicit relationship with some other person and that was the reason she refused to accept the notice.

Since the informant has not appeared to controvert the contention of the counsel for the petitioner, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Mahila(Motihari) P.S. Case No. 45 of 2015, pending in the Court of learned Sub-Divisional Judicial Magistrate, Sadar, Motihari, East Champaran.

It is expected from the learned Court below to dispose of the regular bail application of the petitioner, preferably on the same day.

With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T