Umesh Kumar @ Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29488 of 2016 Arising Out of PS.Case No. -549 Year- 2015 Thana -MANER District- PATNA ======================================================
1. Umesh Kumar @ Umesh Rai, Son of Late Arjun Rai, resident of VillageJee Rakhan Tola, Tata Colony, P.S Maner, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 494, 323 and 366A of the Indian Penal Code.
Prosecution case is that the informant was married with the petitioner in 1998, but due to torture being inflicted, the informant lodged Maner P. S. Case No. 49 of 2015 registered with accusations under Sections 323, 341, 498A and 504 of the Indian Penal Code, wherein the petitioner was granted provisional bail on undertaking to keep the informant with dignity but thereafter the petitioner abducted the minor sister of
Patna High Court Cr.Misc. No.29488 of 2016 (3) dt.25-07-2016 2/2 the informant.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant. The petitioner was granted provisional anticipatory bail in the earlier case i.e. Maner P. S. Case No. 49 of 2015 by this Court vide Criminal Misc. No. 32157 of 2015. The provisional anticipatory bail was to be confirmed on issue being reconciled, but the issue could not be reconciled due to apathetic attitude of the informant. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Maner P.S. Case No. 549 of 2015, pending before the Court of learned Additional Chief Judicial Magistrate, Danpaur, Patna.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J.) Mishra/- U T