← Library
Patna High CourtCR. MISC./25764/2019rejected

Bhola Thakur v. The State Of Bihar

2019-04-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25764 of 2019 Arising Out of PS. Case No.-2071 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Bhola Thakur Son of Parmeshwar Thakur, Resident of Village- Rusulpur Korigaon, P.S.- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi W/o Bhola Thakur, Resident of Village- Rusulpur Korigaon, P.S.- Goraul, District- Vaishali. At present D/o Sri Dukharan Thakur, resident of village- Mohanpur, Dhanraj (Kirachak), P.S.- Mahus, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.2071 of 2016 (C) registered under Sections 498A, 494 and 34 of the Indian Penal Code.

The petitioner is the husband of the complainant. The complainant alleged that her marriage was solemnized with the petitioner on 02.06.2012 but her husband started subjecting her to all sorts of torture only due to non-fulfillment of additional demand of dowry. Somehow the complainant lived with her husband with a view to improve conjugal relations. She also gave birth to a child but her husband continued to torture her. She further alleged that her husband solemnized marriage with

Patna High Court CR. MISC. No.25764 of 2019(2) dt.22-04-2019 2/2 one Pushpa Kumari.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife but from the facts itself, it appears that within four years of marriage with the complainant, the petitioner solemnized second marriage and subjected his wife (complainant) to all sorts of physical and mental torture. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T