Nageshwar Das v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.284 of 2017 Arising Out of PS.Case No. -659 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Nageshwar Das, S/o Bechan Das, Resident of Village-Harkesh, P.S.- Sahiyara, District-Sitamarhi .... .... Petitioner
Versus
1. The State of Bihar
2. Rita Devi, Wife of Nageshwar Das, Resident of Village-Harkesh, P.S.- Sahiyara, District-Sitamarhi, At Present-Most. Paspati Devi, Wife of Late Yogendra Das, Village-Bhawdeopur, Ward No.12, P.S.-Riga, DistrictSitamarhi .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Kumar Kaushik, Advocate Mr. Amit Kumar Jha, Advocate For the Opposite Parties : Mr. Kumar Ranjit Ranjan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under Section 498-A of Indian Penal Code. There is allegation in the complaint petition that the complainant Rita Devi was married with petitioner about 12 years ago and gave birth to four children after the marriage from the wedlock of the petitioner. It is alleged that petitioner solemnized second marriage with another lady Anita Devi in the year 2013 and started living with her. The complainant was ousted from the house and she is living in the house of her Fua. She was tortured in her sasural and accused attempted to burn her by sprinkling kerosene oil.
The complainant has appeared and she has stated
Patna High Court Cr.Misc. No.284 of 2017 (3) dt.20-02-2017 2/2 that husband has kept all the four children. He is living with the second wife after totally neglecting her. She is living at the house of her Fua. The petitioner is not giving any maintenance to her. He has also filed divorce case against her.
From the impugned order, it appears that maintenance case is pending against this petitioner. In such circumstances, there is direct allegation against the petitioner, therefore this court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of the petitioner for bail is hereby rejected in connection with Sitamarhi Complaint Case No. C1/659 of 2013, pending in the court of Additional Chief Judicial Magistrte-1st, Sitamarhi.
The court below is directed to expedite the trial within nine months and if the trial is not concluded within time stipulated, the petitioner will be at liberty to renew his prayer for bail. In the meantime, if the husband wants to reconcile the matter with the wife, he may approach the court below and if the petitioner files such an application to the effect that he is ready to reconcile the issue, the same will be considered by the court below in accordance with law on its own merit.
(Sanjay Priya, J.) ravi/- U T