Patna High CourtCR. MISC./51098/2014dfd for non appearance

Kundan Kumar v. State Of Bihar And ANR

2015-05-14Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51098 of 2014 Arising Out of PS.Case No. -1 Year- 2013 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Kundan Kumar son of Kariban Singh, residents of village- Etwan, P.S.- Rampur Chauram, District- Arwal .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gyanti Devi wife of Kundan Kumar D/o Jagarnath Singh, at present residing at village- Dhamol, P.S.- Dugha, District- Arwal .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahboob Ashraf For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-09-2015 Since, this application has been restored today by a separate order passed in Cr. Misc. No. 40827 of 2015, learned counsel for the parties have also been heard on merit. The petitioner, apprehending arrest for offence under Sections 323, 379, 494, 498A and 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, being the husband, comes out to say that he is still ready to keep his wife/O.P No. 2 with all due respect and dignity.

This Court would find that such offer is absolutely bogey and mere pretence for getting anticipatory bail inasmuch as if there is an allegation upon the petitioner getting married again in the lifetime of the complainant/O.P. No. 2, there would be no question for her to live together with the petitioner.

Patna High Court Cr.Misc. No.51098 of 2014 (3) dt.04-09-2015 2/2 Since learned counsel for the petitioner is also not prepared to say anything about supporting the O.P. No. 2 by way of monthly payment of some amount to her, this application for grant of anticipatory bail must be and is hereby dismissed with a direction to the petitioner to surrender and make his prayer for regular bail which shall be considered on its own merit without being prejudiced by anything said in this order. (Mihir Kumar Jha, J) Sujit/- U