Chandra Narayan Sah @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34104 of 2019 Arising Out of PS. Case No.-75 Year-2016 Thana- COMPLAINT CASE District- Supaul ====================================================== Chandra Narayan Sah @ Chhotu, Son of Wasudeo Sah, Resident of VillageMatnaja, P.S.-Raghopur, District-Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari, W/o Chandra Narayan Sah @ Chhotu, D/o Gopal Sah Resident of Village-Kariho, P.S. and District-Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.75C of 2016, disclosing offences under Sections 498A, 379, 504, 34 of IPC and Section 4 of the Dowry Prohibition Act.

Petitioner happens to be the husband of the complainant and there is allegation against the petitioner is that he has demanded Rs.1,00,000/- from her and for that, assaulted her and family members of the petitioner has also threatened to marry the petitioner with another lady. Thereafter, she has also ousted from the matrimonial house. A Panchayati was also held, in which, petitioner has admitted his mistake and thereafter, he again assaulted her.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.34104 of 2019(4) dt.27-09-2019 2/2 that the allegation is false and concocted. As a matter of fact, she married with another person and the report of Sarpanch as well as service report disclosed the same.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail of the petitioner on the ground that process under Section 82 of Cr.P.C. has already been exhausted against the petitioner and still he has not appeared. Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, the petitioner may surrender before the learned court below and make prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court and also considering the other submissions that she has already married with another person.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T