Mukesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77164 of 2018 Arising Out of PS. Case No.-2759 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Mukesh Kumar Son of Buchcha Ram, Resident of Village- Mathiya, Police Station- Chhatauni, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Pratima Devi, Wife of Mukesh Kumar daughter of Sheopujan Ram, resident of Village- Fulwariya, Police Station- Sugauli, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.2759 of 2015 registered under Section 498-A of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-VI, East Champaran at Motihari.

The accusation is of torturing, causing assault and removing the opposite party no.2 for non fulfillment of the dowry demand by her husband (petitioner) and other in-laws. Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the

Patna High Court CR. MISC. No.77164 of 2018(6) dt.09-05-2019 2/2 opposite party no.2. While the petitioner is ready to keep his wife with full honour and dignity but she does not want to live with the petitioner.

The record goes to show that while the ordinary notice was received by the opposite party no.2 but she refused to acknowledge the receiving of the notice.

Having considered the facts and the circumstances of the case, the provisional anticipatory bail granted to the petitioner, above named, vide order dated 07.02.2019 passed by a Bench of this Court, is hereby confirmed.

(Rajendra Kumar Mishra, J) P.S./- U T