Pawan Kumar Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14518 of 2017 Arising Out of PS.Case No. -261 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================
1. Pawan Kumar Sharma, Son of Maheshwar Sharma, resident of villageChera Khera, P.S.-Alauli, District-Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar
2. Hira Devi, D/o Deo Narayan Sharma, resident of village-Bhadas, P.S.- Muffasil, District-Khagaria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma, APP Mr. Ravi S. Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Complaint Case No.261-C of 2016 instituted for the offence under Section(s) 498A Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act pending in the Court of the Sub-Divisional Judicial Magistrate, Khagaria.
Both husband and wife are present in Court. Wife is ready to go with the husband, but the husband is not ready to keep her. Husband wants one time settlement, but the wife is not agreeable to the offer made by the husband.
From the Complaint Petition, it appears that
Patna High Court Cr.Misc. No.14518 of 2017 (5) dt.21-09-2017 2/2 marriage took place in 2012. Prior to that, the Complainant got divorce from her earlier husband with mutual consent. Husband has grievance that this fact was not disclosed to her. Wife has, however, stated that marriage was performed after disclosing all the facts.
From the conduct of husband, it appears that neither he is ready to keep the wife nor inclined for one time settlement. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.
(Sanjay Priya, J) JA/- U T