Patna High CourtCR. MISC./38561/2014rejected

Pankaj Kumar Singh v. State Of Bihar And ANR

2015-04-01Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.38561 of 2014 (2) dt.01-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38561 of 2014 Arising Out of PS.Case No. -208 Year- 2010 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Pankaj Kumar Singh .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2015 This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 498A, 323,307,379 406 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

The case in which the petitioner, who is the husband of Opposite party no.2, is seeking anticipatory bail was instituted five years ago.

Learned counsel appearing on behalf of the petitioner has contended that the petitioner is still ready to keep Opposite party No.2 with dignity.

Learned counsel appearing on behalf of the Opposite party no.2, on the other hand, has submitted that the petitioner has instituted a case seeking dissolution of marriage on the ground that the Opposite party no.2 is insane. He submits that in such

Patna High Court Cr.Misc. No.38561 of 2014 (2) dt.01-04-2015 circumstance, in the present proceeding, the stand of the petitioner that he is ready to keep Opposite party no.2 with dignity is nothing but a false statement. He has further submitted that the petitioner has been declared to be absconder by the Court below in the criminal case.

In view of the submissions and the counter submissions as noted above, I am not inclined to grant the petitioner privilege of anticipatory bail.

However, the petitioner shall have the liberty to surrender before the Court below and seek regular bail. If he does so within a period of four weeks from today, the Court below shall consider his case on its own merit without being prejudiced by rejection of the present anticipatory bail.

This application is dismissed accordingly.

(Chakradhari Sharan Singh, J) ArunKumar/- U