Patna High CourtCR. MISC./11771/2016disposed

Gulsan Yadav @ Gulshan Yadav v. State Of Bihar And ANR

2016-07-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11771 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -MAHILA P.S. District- BANKA ====================================================== Gulsan Yadav @ Gulshan Yadav son of late Daso Yadav resident of village - Mahua, P.S. - Barahat, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi wife of Chhotan Yadav resident of village - Kakwara, P.S. Banka, District - Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 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, 341, 323, 504, 494/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand and performing second marriage.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep the informant with full dignity

Patna High Court Cr.Misc. No.11771 of 2016 (5) dt.25-07-2016 and honour.

Counsel for the informant submits that since the petitioner has performed second marriage, hence, it is not possible for the informant to resume the conjugal life. In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Banka (Mahila) P.S. Case No. 28 of 2015 pending in the court of learned Judicial Magistrate, Ist Class, Banka.. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T