Patna High CourtCR. MISC./11281/2020dismissed

Karan Kaushik v. The State Of Bihar

2021-08-31Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11281 of 2020 Arising Out of PS. Case No.-331 Year-2019 Thana- BEUR District- Patna ====================================================== KARAN KAUSHIK Son of Devendra Rajak Resident of Village - Tejpratap Nagar, P.S.- Beur, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirmal Kumar, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP For the Informant :

Mr. Radha Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-08-2021 Heard Mr. Nirmal Kumar, learned Advocate for the petitioner and Mr. Radha Mohan Singh for the wife/informant. The State is represented by Mr. Dasrath Mehta, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Beur P.S. Case No. 331 of 2019 dated 02.09.2019 instituted for the offences under Sections 494, 498-A, 504, 506 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

It has been submitted on behalf of the petitioner/husband that his wife is now staying with him under the same roof.

This fact has not been controverted by Mr. Radha Mohan Singh, learned Advocate for the

Patna High Court CR. MISC. No.11281 of 2020(4) dt.31-08-2021 2/2 wife/informant but he has informed this Court that during the subsistence of his marriage with his first wife, he has contracted marriage with another person. The second wife of the petitioner has complained against him before the Women Commission and there the petitioner has undertaken to pay Rs. 5 lakhs to her.

With these background facts, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T