Patna High CourtCR. MISC./18152/2019disposed

Vivek Kumar Sinha @ Rupesh v. The State Of Bihar

2019-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18152 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- MAHILA P.S. District- Lakhisarai ====================================================== VIVEK KUMAR SINHA @ RUPESH Son of Kamta Bhushan Prasad R/o village- Chaurawan Bigha, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Shrishti Sen D/o Girish Kumar Singh, H/o Vivek Kumar Sinha @ Rupesh R/o Mohalla- Santar, Ward No. 13, P.S.- Lakhisarai, District- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2019 This application, for grant of anticipatory bail, arises out of Lakhisarai (Mahila) P.S. Case No. 7 of 2018, disclosing offences under Sections 498(A), 406/34 of the Indian Penal Code.

It appears from perusal of record that petitioner has earlier also filed anticipatory bail petition before the concerned court below being 391 of 2018, which was disposed of with observation that " the bail bond of the petitioner shall be provisionally accepted by the court below and it would be confirmed in three eventualities: (i) On substantial restoration of matrimonial harmony; (ii) in case of refusal of by the informant of the case to live with her husband and ; (iii) the bail

Patna High Court CR. MISC. No.18152 of 2019(2) dt.03-04-2019 2/2 bond of this petitioner shall not be confirmed if this petitioner refuses to accept the informant as his wife and refused to accompany her. It appears that thereafter, the petitioner again filed second anticipatory bail petition being A.B.P. No. 140/2019, which has been rejected by the learned Sessions Judge, Lakhisarai as not maintainable.

Considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order and the concerned court below shall act as per the condition given by the Sessions Judge, Lakhisarai in his order dated 30.08.2018 in A.B.P. No. 391/2018.

(Vinod Kumar Sinha, J) sunilkumar/- U T