Patna High CourtCR. MISC./6959/2016disposed

Sanjay Kumar Paswan v. The State Of Bihar

2016-06-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6959 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -PUNPUN District- PATNA ======================================================

1. Sanjay Kumar Paswan Son of late moti Paswan Resident of VillagePothani , p.s Punpun, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar & Anr.

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

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 506, 498A, 494 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basis accusation is of torture for nonfulfillment of dowry demand and performing second marriage.

It is submitted by the learned counsel for the petitioner that informant was married with one Prem Kumar in 2004 and out of their wedlock there are two children. The petitioner denied the factum of marriage. Notices were issued to opposite party no. 2 vide order dated 11.02.2016. The office report at Flag-A dated

Patna High Court Cr.Misc. No.6959 of 2016 (3) dt.28-06-2016 24.02.2016 reflects that the notices have been validly served on opposite party no. 2, but none is appearing on behalf of opposite party no. 2.

Considering the fact that the factum of marriage is in dispute, it is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Punpun P.S. Case No. 198 of 2015, pending in the court of learned Chandramani Kumar, J.M. Ist Class, Masaurhi at Patna. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T