Sheo Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27814 of 2019 Arising Out of PS. Case No.-894 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Sheo Bhuiyan, Son of Ram Pravesh Bhuiyan, Resident of Village- English Tole Sundar Bigha, P.S.- Barun, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lilawati Devi, Wife of Sheo Bhuiyan Resident of Village- English Tole Sundar Bigha, P.S.- Barun dist.- Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.894/2016 (Trial No.1640/2017), registered for the offence punishable under Sections 323, 498 A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Counsel for the petitioner submits that the complainant has entered into a second marriage with her own will with another person of Madanpur Police Station, which is apparently clear from the certificate dated 21.02.2019 (Annexure-3) granted by Sarpanch of Gram Panchayat-Tengra,

Patna High Court CR. MISC. No.27814 of 2019(2) dt.29-04-2019 2/2 P.S.-Barun, District-Aurangabad.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on provisional anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No.894 of 2016 (Trial No.1640/2017) subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The court below is directed to hold an inquiry after issuing a notice to the complainant as to whether the complainant has entered into a second marriage. If it is found that the complainant has entered into a second marriage, in that circumstances, the court below will make the provisional bail absolute and if it is found that the complainant has not entered into the second marriage, in that circumstances, his bail bond will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T