Patna High CourtCR. MISC./23442/2016disposed

Ajit Kumar @ Munna v. State Of Bihar And ANR

2016-05-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23442 of 2016 Arising Out of PS.Case No. -1503 Year- 2012 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Ajit Kumar @ Munna, son of Dinesh Prasad, Resident of VillageSinduari, P.S. Narahat District-Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Manorama Devi Wife of Ajit Kumar @Munna, at present wife of Nandam Kumar, son of Sukho Choudhary, Resident of village-Garhi Rampur, P.s.-Jamalpur, District-Munger .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner being husband of the complainant is apprehending arrest in a case registered for the offences punishable under sections 498A and 494 of the Indian Penal Code.

The basic accusation is of torture and performance of second marriage.

It is submitted by the learned counsel for the petitioner that the complainant has performed second marriage with one Nandan Kumar and residing with him. Certificate to that

Patna High Court Cr.Misc. No.23442 of 2016 (2) dt.25-05-2016 2/2 effect has been issued by Panchayat Ward Member. The same ha been brought on record as Annexure 2.

It appears from the impugned order that the petitioner's anticipatory bail was rejected by the learned Sessions Judge vide order dated 10.5.2013 passed in ABP No. 363 of 2013. In the circumstances, this court is not inclined to entertain this application but keeping in view the contention of learned counsel for the petitioner, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 1503 of 2012 pending in the court of learned SDJM, Nawada.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T