Om Prakash Kumar @ Rambabu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29159 of 2020 Arising Out of PS. Case No.-83 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== OM PRAKASH KUMAR @ RAMBABU DAS Son of Baliram Das Resident of Village- Barharwa, P.S.- Majhaulia, District- East Champaran. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Suman Devi W/o Om Prakash Kumar @ Rambabu Das, D/o Radho Das Resident of Village- Dulama, P.S.- Madhuban, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr. B. N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2020 Heard both sides.
The matter has been taken up through video conferencing.
The petitioner apprehends his arrest in Complaint case No. C-83/2018 registered under Section 498A of the IPC and u/s 3⁄4 of Dowry Prohibition Act.
The learned counsel for the petitioner submits that the petitioner was granted provisional bail vide order dated 23.04.2019 passed in Cr. Misc. No. 26428 of 2019. The petitioner, in pursuance of the order, surrendered in the court and was willing to keep his wife with all honour and dignity but the wife did not accompany the petitioner and the provisional
Patna High Court CR. MISC. No.29159 of 2020(2) dt.02-12-2020 2/2 bail of the petitioner was cancelled and non bailable warrant of arrest was issued.
It appears from perusal of the order of the learned Sessions Judge that after grant of provisional bail the wife appeared in each and every date but the petitioner was not willing to keep his wife and he solemnized second marriage. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) BKS/- U T