Rajendra Prasad Paswan @ Rajendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52015 of 2014 Arising Out of PS.Case No. -180 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Rajendra Prasad Paswan @ Rajendra Paswan, sn Shiv Prasad Paswan, rvDhamania, P.S.- Agiaon (Garahani), District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kavita Devi, wife of Rajendra Paswan resident of Village- Dhamania, P.S.- Garahani, District- Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate. For the Opposite Party/s: Mr. Madanjeet Kumar, Advocate. For the State :
Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 12-08-2015 Heard learned counsel for the parties.
Having regard to the admitted position that the O.P. No. 2, being the wife, would find her difficult to live with the husband, the petitioner, facing prosecution for offence under Section 498A/34 of the Indian Penal Code because the petitioner is said to have married to another lady namely Baby Kumari, even when the first wife, O.P. No. 2 is still alive and has been deserted with her three children, this Court would not find the petitioner to be entitled for grant of privilege of anticipatory bail keeping in view that he had also decided to offer a sum of Rs. 15,00/- per month by way of maintenance of his wife and three children. The said conduct would go to show that he wants to only harass the O.P. No. 2 and his three children and, therefore, he
Patna High Court Cr.Misc. No.52015 of 2014 (7) dt.12-08-2015 2/2 would not be entitled for privilege of anticipatory bail and his prayer is accordingly rejected with a direction that he must surrender and thereafter make his prayer for regular bail within a period of four weeks failing which the police shall take appropriate steps for his arrest.
Let a copy of this order be sent to both the trial court as well as Superintendent of Police, Bhojpur at Arrah. (Mihir Kumar Jha, J) Sujit/- U