Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30818 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== Amit Kumar Son of Late Subhash Chand Prasad Resident of Mohalla- Pani Tanki, P.S.- Khajekalan, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Bansh Dubey, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Khajekalan P.S. Case No. 34 of 2019, registered for the offences punishable under Section 498(A), 504, 323 and 34 of the Indian Penal Code.

The informant alleged that she was married with petitioner no. 1 Amit Kumar, in the year 2008 and the marriage was solemnized in temple. Thereafter, in the year 2012, both of them performed court marriage. From the said wedlock, the informant has got daughters. It is further alleged that petitioner no. 1 Amit Kumar performed second marriage with petitioner no. 2 Pushpanjali Gupta and the petitioners subjected the informant to mental and physical torture.

Patna High Court CR. MISC. No.30818 of 2019(8) dt.18-02-2020 2/2 It is submitted by learned counsel for the petitioner that the informant of this case is not the wife of this petitioner. The husband of this informant is Shailesh Kumar (elder brother of petitioner no. 1) and she has got two daughters. It is submitted that despite of valid service of notices, the informant did not appear before the court. Petitioner has falsely been implicated in this case having no criminal antecedent. Considering the facts aforesaid and the fact that in spite of several notices informant did not appear before the court, the provisional bail earlier granted to the petitioner vide order dated 14.05.2019, is hereby confirmed.

(Prabhat Kumar Singh, J) vinita/- U T