Jhanku Ray @ Jhalku Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.726 of 2017 (2) dt.27-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.726 of 2017 ====================================================== Jhanku Ray @ Jhalku Rai, Son of Naresh Ray, Resident of Village - Bariarwar, Seling Tola, P.S. Chiutaha (Semra) ,District - West Champaran at Bettiah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guriya Devi, Wife of Jhanku Eay, Jhalku Rai and Daughter of Phenku Ray , resident of Village- Bariarwara Seling Tola , P.S.- Chiutaha , DistrictWest Champaran at Bettiah. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Nath Tiwary, Advocate. For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1224 of 2014/ Trial No. 2924 of 2015, registered under Section 498(A)/34 of the Indian Penal Code. The accusation is that the marriage of petitioner was performed with the complainant on 03.09.2014 according to Hindu Customs in the Temple as she was pregnant due to physical relation with the petitioner. At that time, her pregnancy was about 7 months. After marriage complainant went to her Sasural but she was being neglected and tortured for demand of Rs.1,00,000/-. On 12.11.2014, complainant and her baby was ousted from

Patna High Court Cr.Misc. No.726 of 2017 (2) dt.27-01-2017 matrimonial house.

Learned counsel for the petitioner submits that, in fact, petitioner is Bachelor and the complainant has lodged the present complaint case only to give pressure upon the petitioner so he may adopt the complainant, who has one baby.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Complaint Case No. 1224 of 2014/ Trial No. 2924 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T