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Patna High CourtCR. MISC./6074/2015rejected

Ajeet Kumar Singh @ Rinku v. State Of Bihar And ANR

2015-05-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6074 of 2015 Arising Out of PS.Case No. -1822 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Ajeet Kumar Singh @ Rinku S/o Ramesh Chandra Singh Resident of village - Gareripati ( Sikatiya ), P.S. Hata, District - Kushi Nagar, State - Uttrapradesh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gopal Prasad S/o Late Sahdev Prasad Resident of village - Rampur Kharaiya Tola Bhual Khutwania, P.S. Kuchaikot, District - Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyam Kuamr For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also learned counsel, appearing for opposite party Nos. 2 & 3.

The petitioner apprehends his arrest in connection with Complaint Case No. 1822 of 2014 in which, cognizance has been taken for the offence under Sections-.498(A)/406 of the Indian Penal Code and Sections-3/4 of Dowry Prohibition Act. The petitioner happens to be husband of the victim whose marriage was solemnized with the petitioner on 13-06-2014 but later on, the victim was subjected to cruelty on account of nonfulfillment of illegal demand.

Patna High Court Cr.Misc. No.6074 of 2015 (7) dt.19-05-2015 2/2 The contention on behalf of the petitioner is that prior to the marriage, another girl was shown to the petitioner but when the marriage of the petitioner was solemnized, the victim was placed in place of that girl, who had earlier been shown to the petitioner and accordingly, the complainant cheated the petitioner. Regard being had to the facts and circumstances of the case as well as submission of the parties, in my view; it is not a fit case for grant of anticipatory bail and accordingly, prayer for anticipatory bail of the petitioner in connection with Complaint Case No. 1822 of 2014 pending in the court of Learned Sub Divisional Judicial Magistrate,/concerned court, Gopalganj stands rejected.

However, it is made clear that if, the petitioner surrenders in the court below and seeks regular bail on the ground of compromise, the concerned court shall take lenient view at the time of consideration of regular bail application of the petitioner. (Hemant Kumar Srivastava, J) A.K.V./- U T