Sheet Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41556 of 2024 Arising Out of PS. Case No.-983 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== Sheet Kumar Rai Son of Ramanand Rai R/O Vill.- Rupauli, P.S.- Janki Nagar, Dist.- Purnia.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Pujan Devi W/O Sheet Kumar Rai D/O Upanand Rai R/O Vill.- Sunderpur, P.S. and Dist.- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-10-2024
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the complainant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 498 (A) of the IPC in connection with Complaint Case No.983 of 2018.
3. The learned counsel appearing on behalf of the complainant submits that petitioner was married to the complainant in the year 2013 and out of the wedlock a child was born in the year 2016, but then the petitioner along with his family members after marriage started demanding dowry of Rs.50,000/- and a motorcycle and when the demand was not met
Patna High Court CR. MISC. No.41556 of 2024(3) dt.01-10-2024 2/3 the complainant was ousted from her matrimonial home in the year 2018. It is next submitted that thereafter the instant complaint case came to be instituted in which cognizance was taken in the year 2019, but the petitioner performed his second marriage and from the second marriage he has a child also who present is of three years of age.
4. It is next submitted that complainant has been ousted from her matrimonial home in the year 2018 along with the child and since then not a single penny has been paid by the petitioner for her maintenance, as such one can well imagine the plight of the O.P. No.2 that how she is sustaining herself and the child in absence of any financial support from the petitioner. It is also submitted that petitioner on the one hand is enjoying his life with his second wife and the child when the second marriage is void ab initio, but then is not even bothered about the O.P. No.2 and the child who is staying with her.
5. The learned counsel appearing on behalf of the petitioner is not in a position to rebut the submissions of the learned counsel appearing on behalf of the complainant that petitioner has performed his second marriage and from the second marriage he has a child also and petitioner till date has not paid a single penny towards maintenance of the complainant
Patna High Court CR. MISC. No.41556 of 2024(3) dt.01-10-2024 3/3 and the child.
6. Considering the submissions made by the learned counsel appearing on behalf of the complainant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner, accordingly, the anticipatory bail application is rejected.
7. Let a copy of this order be sent to the Superintendent of Police, Supaul.
(Satyavrat Verma, J) Prakash Narayan U T