Pramod Chaudhari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33823 of 2014 Arising Out of PS.Case No. -700 Year- 2012 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================
1. Pramod Chaudhari Son of Late Ram Bilash Chaudhary Resident of Vilage-Awariya, P.S.-Durgawati, District-Kaimur at (Bhabua). .... .... Petitioner
Versus
1. The State of Bihar
2. Laxmiya Devi Wife of Pramod Chaudhary, Resident of Village+P.O.- Sikandarpur, P.S.-Chakiya Janpad, District-Chandauli (U.P.) .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Vinod Kumar Seth For the Opposite Parties : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 494, 498A of the Indian Penal Code.
The basic accusation is of torture and performing second marriage.
The notices were issued to the complainant/O.P. No. 2 vide order dated 23.02.2015. The office note dated 06.05.2015 suggests that notices were served personally to the complainant/O.P. No. 2. Today, none is appearing on behalf of the complainant/O.P. No. 2. It is submitted by learned counsel for the petitioner that Matrimonial Suit No. 41 of 2012 was filed on 28.03.2012 under Section 13(b) of the Hindu Marriage Act by
Patna High Court Cr.Misc. No.33823 of 2014 (3) dt.07-05-2015 2/2 the complainant/O.P. No. 2 and thereafter the present complaint has been filed on 21.06.2012. It is further submitted that complainant has performed second marriage. Considering the fact that matrimonial suit for dissolution of marriage was filed prior to filing of the present complaint, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhabua in connection with Complaint Case No. 700 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T