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Patna High CourtCR. MISC./19236/2019rejected

Rampukar Yadav v. The State Of Bihar

2019-04-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19236 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== RAMPUKAR YADAV Son of Raghunath Yadav Resident of VillageGodhiyari, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Kumari Wife of Rampukar Yadav, Daughter of Masodhi Yadav Resident of Village- Godhiyari, P.S.- Phulparas, District- Madhubani, at present residing at Village- Sananpahi, P.S.- Laukahi, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Anju Mishra For the Opposite Party/s :

Mr. B. N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-04-2019 Heard both sides.

The petitioner apprehends his arrest in Phulparas P.S. case No. 159 of 2018 registered under Section 341, 323, 498A, 504, 506/34 of the IPC and u/s 3⁄4 of Dowry Prohibition Act. The informant, in sum and substance, made allegation that after marriage her husband subjected her to all sorts of physical and mental torture and due to non fulfillment of demand of dowry drove her out from the house and immediately thereafter he solemnized second marriage with Sunita Devi, sister of sister-in-law of her husband.

The learned counsel for the petitioner submits that petitioner is ready to keep his wife. The petitioner never

Patna High Court CR. MISC. No.19236 of 2019(2) dt.01-04-2019 2/2 solemnized second marriage but it appears from the order of the learned Sessions Judge that the learned Sessions Judge made efforts for resolution of the dispute but the petitioner was not ready to divorce his second wife and keep the informant with all honour and dignity.

Taking into consideration the facts aforesaid and the fact that petitioner is alleged to have already solemnized second marriage and is not ready to keep his wife, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T