Patna High CourtCR. MISC./28875/2014bail granted

Raju Kumar v. State Of Bihar And ANR

2016-02-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28875 of 2014 Arising Out of PS.Case No. -2505 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Raju Kumar Son of Shankar Rai Resident of Village - Mohanpur, P.S. - Turki, District - Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar

2. Chandani Devi Wife of Raju Kumar, D/o- Sharwan Rai Resident of Village - Sabalpur, Hostitola, P.O. and P.S. - Saran, District - Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A of the Indian Penal Code and Section 3 of the D.P. Act registered in connection with Complaint Case No. 2505 of 2012 (Tr. No. 2363 of 2013).

3. It is submitted that the petitioner has been falsely implicated and reiterates his commitment to keep the OP No. 2 with due dignity and honour, but it is she who is resisting the company of the petitioner.

4. Pursuant to issuance of notice, appearance was entered on behalf of OP No. 2. By order dated 26.08.2015 the

Patna High Court Cr.Misc. No.28875 of 2014 (7) dt.03-02-2016 parties were required to be personally present in the Court to enable them to leave the Court premises together on the next date, but however, only the petitioner was present and the OP No. 2 was not personally present. In the interest of justice, one more opportunity was granted to OP No. 2 by order dated 23.09.2015. Today also neither is the OP No. 2 personally present nor is she represented through counsel.

4. In that view of the matter, the provisional bail granted to the petitioner by order dated 25.11.2014 pending in the Court of learned S.D.J.M., Saran at Chapra in connection with Complaint Case No. 2505 of 2012 (Tr. No. 2363 of 2013) is hereby confirmed.

(Vikash Jain, J) Chandran U T