Jaswant Rathaur @ Jaybant Rathaur @ Jaswanr Rothour v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24519 of 2014 Arising Out of PS.Case No. -188 Year- 2012 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Jaswant Rathaur @ Jaybant Rathaur @ Jaswanr Rothour, son of Sri Rameshwar Azad, resident of village - Saidpur P.S.- Mansi, District - Khagaria. .... .... Petitioner
Versus
1. The State of Bihar.
2. Bebi Devi, wife of Jaswant Rathur, D/o Shambhu Patel, at present resident of Village-Karemandal tola, P.O.-Harinamar, Bishanpur, P.S.- Bariarpur, District-Munger. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. S. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 28-01-2015 Heard learned counsel for the petitioner and learned counsel for the State. None appears on behalf of the opposite party no. 2.
By order dated 22nd July, 2014, the petitioner was granted provisional bail.
It has been contended that the petitioner has been implicated in a false case in which cognizance has been taken for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act and despite the best efforts made by the petitioner, the opposite party no. 2 is
Patna High Court Cr.Misc. No.24519 of 2014 (4) dt.28-01-2015 2 / 2 not willing to live with him. The petitioner had already filed a matrimonial case vide Matrimonial Case No. 6 of 2012 dated 23rd January, 2012 under Section 9 of the Hindu Marriage Act before the Principal Judge, Family Court, Khagaria for restitution of conjugal rights which was allowed by the learned Principal Judge, Family Court, Khagaria on 3.1.2014 but despite that opposite party no. 2 is not ready to live with the petitioner. Learned counsel for the State has opposed the prayer for bail.
Be that as it may, regard being had to the facts and circumstances of the case, the provisional bail granted to the petitioner vide order dated 22nd July, 2014 is hereby confirmed. (Ashwani Kumar Singh, J.) Sanjeet/- U T