Indrajeet Kumar @ Subodh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27478 of 2016 Arising Out of PS.Case No. -164 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Indrajeet Kumar @ Subodh Sah S/o Suresh sah .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lata Devi W/o Indrajeet Kumar @ Subodh Sah, D/o Pulkit Prasad Gupta .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the complainant : Mr. Raj Dular Sah, Advocate For the State : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 494 of the Indian Penal Code.

Basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant. Earlier the complainant filed Complaint Case No.909C/2011 wherein this Court granted provisional anticipatory bail to the

Patna High Court Cr.Misc. No.27478 of 2016 (2) dt.04-07-2016 2/3 petitioner vide Criminal Miscellaneous No.42753/2012 on the readiness of the petitioner to make payment of Rs.1000/- per month to the complainant. The provisional bail was to be confirmed by the learned Court below 'either the complainant resumes the conjugal life or she accepts the amount offered by the petitioner or she refuses both the offers." If the complainant accepts the offer of the monthly payment the complainant was to supply her bank account number to the petitioner by submitting the same on affidavit before the learned court below. It is further submitted that the petitioner could make payment of the monthly amount or took the complainant to resume the conjugal life since the complainant did not appear before the learned Court below. Hence, the provisional bail of the petitioner could not be confirmed.

It is submitted by learned counsel for the complainant that the complainant is ready to resume the conjugal life. The learned counsel for the petitioner submits that the petitioner accepts the offer of the complainant.

Under the circumstances, let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.164C/2015, pending before the learned

Patna High Court Cr.Misc. No.27478 of 2016 (2) dt.04-07-2016 3/3 Judicial Magistrate, 1st Class, Khagaria.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T