Manoj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35698 of 2016 Arising Out of PS.Case No. -106 Year- 2015 Thana -MAHILA PS District- JAMUI ====================================================== Manoj Choudhary son of Late Bahadur Choudhary, resident of VillageMangobandar, Police Station Khaira, District Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 20-01-2017 Heard learned counsels for the petitioner and the State. None appears for opposite party no. 2-informant. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323. 341. 369, 498A, 494 and 506/34 of the Indian Penal Code.

The basic accusation is of torture, performing second marriage and abducting the minor son of the informant. It is submitted by learned counsel for the petitioner that since the informant has illicit relationship with some other person, hence, the petitioner has kept the son with him and now as per the instruction opposite party no. 2 has performed marriage with someone else.

Patna High Court Cr.Misc. No.35698 of 2016 (5) dt.20-01-2017 2/2 Notices were issued to the opposite party no.2informnat vide order dated 22.08.2016. The office note dated 28.11.2016 reflects that ordinary process of notice was received by O.P. No. 2 but she refused to acknowledge the same. The service report of registered cover notice reflects that it has also been returned with report 'Not known'. In the circumstances, the notice issued to O.P. Nos. 2 was treated to be deemed valid service. Today also none is appearing on behalf of opposite party no. 2.

Considering the fact that the informant chose not to controvert the contention of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Jamui in connection with Jamui Mahila P.S. Case No. 106 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

DKS/ (Dinesh Kumar Singh, J.) U T