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Patna High CourtCR. MISC./32968/2014bail granted

Pramod Pal v. State Of Bihar And ANR

2015-02-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32968 of 2014 Arising Out of PS.Case No. -23 Year- 2013 Thana -MAHILA P.S. District- SITAMARHI ====================================================== Pramod Pal, son of Ramji Pal , resident of Village -Mandal Nagar ,Ward No. - 2 Sitamarhi , P.S. + District - Sitamarhi . .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi , D/o Jungilal Chaudhary . resident of Village and P.S. Sahiyara, District -Sitamarhi .

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi (Mahila) P.S. Case No. 23/2013 registered under Sections 341, 323, 379, 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not the husband of the informant. From perusal of the contents of the F.I.R., it would appear that the first husband of the informant Anita Devi died and thereafter she claimed to have been married with the petitioner in Janki Mandir, Punaura about seven years ago and out of the said wedlock, she has also got a daughter, aged about 12 years.

Learned counsel for the petitioner further submits that the petitioner has got his wife. He never married with the

Patna High Court Cr.Misc. No.32968 of 2014 (2) dt.06-02-2015 2/2 informant. The informant has not made any allegation of demand of dowry.

Considering the fact that the informant herself stated that her first husband died and thereafter she solemnized second marriage with the petitioner about seven years ago, whereas the petitioner denied the factum of marriage with the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Sitamarhi (Mahila) P.S. Case No. 23/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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