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Patna High CourtCR. MISC./37260/2015rejected

Vijay Jha @Vishekh v. State Of Bihar And ANR

2015-09-30Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37260 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Vijay Jha @ Vishekh, son of Prabhunandan Jha, resident of villageSinghauliya, P.S.- Phulpras, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anjana Jha, W/o Vijay Kumar Jha, D/o Gopal Krishna Jha, R/o villageMathiyari Sarai, P.S.- Laheriya Sarai, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Deepak Kumar, Advocate For the S t a t e : Mr. Binod Kumar (APP) For O.P. No.2 : Mr. S. Ranjan, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of Opposite Party No.2 as well as the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No.118 of 2014 for the offence registered under Sections 498A and 323/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, which is pending in the court of the learned Sub-Divisional Judicial Magistrate, Darbhanga.

The petitioner and the Opposite Party No.2 are present in Court.

The petitioner is unwilling to live with the girl in

Patna High Court Cr.Misc. No.37260 of 2015 (4) dt.30-09-2015 2/2 question. So far as the girl (O.P. No.2) is concerned, she has also suffered severe trauma and there is a baby girl child of nine months.

It appears that neither the petitioner is willing to stay with the girl and maintain her baby child nor he is willing to give any amount to O.P. No.2 to enable her to sustain along with her baby girl child.

Considering the aforementioned facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T