Pragan Soren v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17916 of 2016 Arising Out of PS.Case No. -3342 Year- 2015 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Pragan Soren son of Chatur Soren resident of Baith Mushari, Tola Hathikaran, P.S. Basnahi, District - Saharsa, Permanent resident of village Gwalpara Santhali Tola, P.S. - Gwalpara, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Khusboo Devi wife of Pragan Soren and daughter of Sukhdeo Kisku resident of village Baith Mushari, Hathikaranpur Tola, P.S. - Basnahi, District - Saharsa at present residing at Mauza Mushari Tola, P.S. - Basnahi, District - Saharsa.

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be taken after cognizance being taken under Section 498A of the Indian Penal Code.

The order dated 26.4.2016 reflects that it was submitted that the petitioner admits his marriage with the complainant and has not performed second marriage. Statement to that effect has been made in paragraph 7 of the petition. It is further submitted that the petitioner is ready to settle the dispute and statement to

Patna High Court Cr.Misc. No.17916 of 2016 (6) dt.08-12-2016 2/2 that effect has been made in paragraph 8 of the petition which reads as follows:

"That the petitioner wants to settle the dispute and so also the victim in her solemn affirmation has specifically stated that she wants to reside with the petitioner." It is submitted by the learned counsel for the petitioner that at present he has no instruction from the petitioner. The matter is being adjourned since last several months on the prayer of the petitioner.

It is submitted by learned counsel for the complainant that the petitioner has performed second marriage and has a child from the second marriage. The complainant is on the verge of destitution and vagrancy.

In view of the submission made by learned counsel for the petitioner, this application is dismissed as not pressed in connection with Complaint Case No. 3342C of 2015 pending in the court of learned J.M. Ist Class, Saharsa. (Dinesh Kumar Singh, J) Anil/- U T