Sanjay Sharma Thakur @ Sanjay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3181 of 2017 Arising Out of PS.Case No. -199 Year- 2016 Thana -MANJHI District- SARAN ======================================================

1. Sanjay Sharma (Thakur) @ Sanjay Kumar Sharma, son of Dilip Sharma, resident of village- Bhakura, Police Station- Baniyapur, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar,

2. Pinki Devi, wife of Sanjay Sharma (Thkuar), resident of villageBhakura, Police Station- Baniyapur, District- Saran, at present: D/o Manharan Thakur, resident of village-Nachap, P.S.-Manjhi, DistrictSaran at Chapra. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranvijay Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-02-2017 Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2. The Petitioner apprehends his arrest in Manjhi P.S. Case No.199 of 2016 instituted for the offence under Section(s) 323, 498-A Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Saran at Chapra.

Husband-petitioner is present in Court. WifeOpposite Party No.2 is also present with a minor girl child aged three yeas.

The wife has stated that her husband has never taken care of her and her child after the birth. He is completely

Patna High Court Cr.Misc. No.3181 of 2017 (3) dt.27-02-2017 2/2 neglecting both of them.

The husband during reconciliation has stated that earlier he had taken the wife with him but she always refused to live with him and fled away.

Besides such vague allegation, the husband could not produce any evidence in support of such statement, whereas, the wife has stated that she is ready to live with husband. From the conduct of the petitioner-husband in Court during reconciliation, this Court finds that he has no feeling even for his three years old daughter, who was in the lap of the Opposite Party No.2-wife.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T