Chandan Kumar @ Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36717 of 2015 Arising Out of PS.Case No. -6 Year- 2013 Thana -DARBHANGA SADAR District- DARBHANGA ======================================================

1. Chandan Kumar @ Chandan Mandal Son of Dasrath Mandal resident of village - Ramsalla, P.S. Sadar, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Smt. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Petitioner being husband of the daughter of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 494, 498A/34 of the Indian Penal Code.

The petitioner and the informant along with his daughter are present.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the daughter of the informant and submits that informant earlier filed a complaint with accusation under Section 498A I.P.C which ended into compromise and thereafter the present case has been lodged. The petitioner admits to have performed second marriage but claims that daughter of the informant has also performed second marriage and there is a child also out of the second marriage.

Patna High Court Cr.Misc. No.36717 of 2015 (5) dt.15-02-2016 2/2 It is submitted by Mr. J.N. Thakur, learned counsel for the informant that petitioner has concealed this fact that he has earlier married and performed marriage with the daughter of the informant. The informant has not performed second marriage as claimed by the petitioner. Hence, there is no chance of issue being reconciled at present. Considering the nature of the accusation and the admission of the petitioner that he has performed second marriage, let learned Court below consider the prayer for regular bail of the petitioner, keeping in view of the fact that in earlier case the petitioner is already on bail, if the petitioner surrenders within a period of six weeks in connection with Darbhanga Sadar P.S. Case No. 6 of 2013, pending in the Court of learned Sub-Divisional Judicial Magistrate, Darbhanga.

With the observations above, the application stands disposed off.

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