Sambhu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11691 of 2015 Arising Out of PS.Case No. -215 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Sambhu Chaudhary S/o Sonelal Chaudhary Resident of Village Arniya, P.S. Jandaha, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Thakur For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Counter affidavit is filed on behalf of the informant. Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the informant. The petitioner apprehends his arrest in connection with Jandaha P.S. Case No. 215 of 2014 registered under Sections498(A)/494 of the Indian Penal Code. The marriage of the informant was solemnized with the petitioner on 25-05-1997 and admittedly, after marriage, she gave birth to four children. The present case was lodged on 02-092014 and the informant has, specifically, stated in the written report that she was ousted from her matrimonial home one month prior to institution of the present case. Furthermore, the informant

Patna High Court Cr.Misc. No.11691 of 2015 (2) dt.27-04-2015 has stated in her written report that the petitioner has solemnized second marriage with another lady.

Learned counsel, appearing for the informant drew my attention towards Annexures-B & B/1 and submits that the informant was brutally assaulted by the petitioner. He also drew my attention towards Annexure-C to the counter affidavit and submits that the daughter of the petitioner has given a written report, mentioning the fact of assault by the petitioner to the informant but it is surprising enough that the daughter of the petitioner disclosed that her mother was assaulted by the petitioner on 30-08-2014 whereas; the doctor has mentioned that he had examined the informant on 28-08-2014 and apart from this, the informant says that she was ousted from her matrimonial home one month's prior to the institution of the present case i.e. 02-082014.

It appears to me that the entire dispute arose between the parties on account of second marriage of the petitioner.

Patna High Court Cr.Misc. No.11691 of 2015 (2) dt.27-04-2015 with Jandaha P.S. Case No. 215 of 2014 to the satisfaction of Sri Ravi Kumar, learned Judicial Magistrate-Ist Class, Vaishali at Hajipur subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T