Rajesh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48684 of 2016 Arising Out of PS.Case No. -2849 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Rajesh Sah S/o Bharat Sah R/o Village - Jagarnatha, P.S. Manjhagarh, District Gopalganj (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Mintu Devi D/o Bhola Sah R/o Village - Bhithbherawa, P.O. + District - Gopalganj.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Singh For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-12-2016 Heard Sri Jitendra Kumar Singh, learned counsel for the petitioner and Smt. Sharda Kumari, learned Addl. Public Prosecutor.

The petitioner, husband of the complainant/ Opp.Party no.2, has prayed for grant of anticipatory bail in Complaint Case No.2849/13, Tr. No.1620/16 for the offence under Section 498 A of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that the petitioner has never solemnized marriage with the complainant, rather the complainant was wife of elder brother of the petitioner, who had died subsequently. It has specifically been argued that the petitioner had never tortured the complainant,

Patna High Court Cr.Misc. No.48684 of 2016 (2) dt.06-12-2016 2/2 whereas after going through the impugned order dated 28.09.2016, whereby the prayer for anticipatory bail was rejected, it is evident that before the court below, the petitioner himself has admitted solemnization of marriage with the complainant. In view of fact and circumstances, I do not find any ground to extend the privilege of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T