Suraj Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6079 of 2015 Arising Out of PS.Case No. -1809 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Suraj Das Son of Late Howrah Das Resident of village - Meena Bazar Police Station - Meena Bazar, New Delhi, At Present resident of village - Bhulni, Police Station - Sajour, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tetri Devi daughter of Guleshwar Das Resident of village - Bhulni, Police Station - Sajour, District - Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate. For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1809 of 2011, registered for the offences punishable under Section 498(A) of the Indian Penal Code.

The wife of the petitioner made allegation that the petitioner subjected her to physical and mental torture due to nonfulfillment of additional demand of dowry. The petitioner also solemnized second marriage with non-else than the cousin sister of the complainant.

Learned counsel for the petitioner submits that the complainant did not come to live with the petitioner. The petitioner solemnized marriage with the consent of the father of

Patna High Court Cr.Misc. No.6079 of 2015 (2) dt.13-02-2015 2/2 the complainant.

On perusal of records, it appears that besides the allegation of torture the petitioner has already solemnized second marriage, hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T