Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21383 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -MAHILA PS District- KHAGARIA ====================================================== Sanjay Kumar son of Sri Baidyanath Prasad Yadav, resident of villageChandan Nagar (Ranko),Police Station- Khagaria Muffasil, DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2017 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code. Basic accusation is of torture since the petitioner developed some illicit relationship with one Sujata Devi. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and birth of four children out of them eldest daughter has already been married and it was the informant, who driven out the petitioner from his house.

It is jointly submitted that the issue has been

Patna High Court Cr.Misc. No.21383 of 2016 (7) dt.20-02-2017 2/2 reconciled between the parties, but sine last few occasions neither the petitioner nor the informant is transmitting any instructions to their respective counsel, hence, they are unable to make submission with regard to the present relationship between the petitioner and the complainant.

Under the circumstances, let the learned Court below consider the prayer for regular bail of the petitioner keeping in view of the fact that criminal case has been lodged more than 20 years of the marriage and there were adult children, if the petitioner surrenders within a period of six weeks in connection with Khagaria (Mahila) P.S. Case No.51/2015, pending before the learned SDJM, Khagaria.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T