Patna High CourtCR. MISC./591/2015bail granted

Sanjay Paswan v. State Of Bihar And ANR

2015-01-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.591 of 2015 (2) dt.08-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.591 of 2015 Arising Out of PS.Case No. -3146 Year- 2011 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Sanjay Paswan .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 3146 of 2011/ Tr. No. 3709 of 2013. According to the complaint case, the petitioner is husband of the complainant and used to torture her due to non-fulfillment of illegal demand.

The submission on behalf of the petitioner is that complainant has already solemnized her another marriage and presently, she has been residing with her new husband with whom she got a child. It is also pointed out on behalf of the petitioner that learned Sessions Judge issued notice to the complainant for reconciliation but in spite of service of notice, she did not appear before learned Sessions Judge.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed

Patna High Court Cr.Misc. No.591 of 2015 (2) dt.08-01-2015 and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 3146 of 2011/ Tr. No. 3709 of 2013 subject to condition as laid down under section 438(2) of the Cr.P.C. However, it is made clear that if the complainant appears before the trial court and denies the allegation of subsequent marriage, the trial court shall be at liberty to cancel the bail bonds of the petitioner after making due and proper enquiry. shahid (Hemant Kumar Srivastava,J) U T