Anil Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32756 of 2015 Arising Out of PS.Case No. -827 Year- 2010 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Anil Thakur Son of Janardan Thakur, resident of village - Oriyap, P.S. - Antichak, Kahalgaon, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Buchchi Devi, Wife of Anil Thakur, residence of village - Makrandpur, P.S. - Pirpainti,District - Bhagalpur.

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 494 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

In spite of valid service of notice, none is appearing on behalf of opposite party no. 2.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.32756 of 2015 (3) dt.23-11-2015 2/2 petitioner that since there was no issue with the complainant, hence, with the approval of the complainant the petitioner performed second marriage and when the child was born from the second marriage then the present complaint has been filed. It is further submitted that the petitioner is still ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph 7 of the petition, which reads as follows:- "That it is submitted that the petitioner is ready to keep the complainant giving all due regards and facilities what she deserves as wife."

The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 827 of 2010 pending in the court of learned Sub-divisional Judicial Magistrate, Bhagalpur.

With the aforesaid observation, this application is disposed of.

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