Ritesh Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51121 of 2014 (2) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51121 of 2014 Arising Out of PS.Case No. -557 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Ritesh Sah Son of Jokhu Sah, resident of village- Gangauli, P.S.- Dalmianagar (Dehri), District- Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. Pritam Devi, wife of Ritesh Sah, D/o Modan Sah, resident of village/ Mohalla- Shobha, P.S.- Sasaram (Nagar), District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-05-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is facing prosecution for offence under sections 323, 498A/34 of the Indian Penal Code and that the learned counsel for O.P.No.2 having appeared has submitted that the petitioner had not only tortured opposite party no. 2 mentally but also had assaulted her by causing fracture of her leg, this Court would not find any possibility of matter being settled as it has no longer has remained only a matrimonial dispute.

In that view of the matter, when there is also no reasonable offer also made by the learned counsel for the petitioner for providing shelter and means of sustenance to O.P.No.2 the prayer for anticipatory bail of the petitioner must be and is hereby rejected.

(Mihir Kumar Jha, J) surendra/- U