Rajeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47716 of 2014 Arising Out of PS.Case No. -34 Year- 2012 Thana -BARUN District- AURANGABAD ======================================================

1. Rajeev Kumar Son of Shri Raja Ram Prasad resident of Village - Jankop, P.S. - Barun, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gayatri Devi D/o Suresh Prasad @ Bhola Paswan r/o Vardhi, P.S. Salaiya, District - Aurangabad.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Opposite Party/s : Mrs. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and the State.

The present application has been filed for grant of anticipatory bail in connection with Barun P.S. Case No. 34 of 2012 under Sections 498A/34 of the Indian Penal Code.

The petitioner earlier filed an application for anticipatory bail vide Cr. Misc. No. 27314 of 2012 which was disposed of by order dated 07.10.2013, since the petitioner denied the factum of marriage. Though the petitioner was granted provisional bail for six months with a liberty to the learned court below to get an enquiry with regard to the factum of marriage. The learned court below was given liberty to confirm the provisional bail of the

Patna High Court Cr.Misc. No.47716 of 2014 (4) dt.01-07-2015 petitioner, if it is found that the petitioner was never married with the informant, but if the learned court below comes to a conclusion otherwise then the petitioner will surrender and pray for regular bail.

It is submitted by the learned counsel for opposite party no.2 that the learned court comes to the conclusion that the marriage was performed between the petitioner and informant, but subsequently in a quashing proceeding vide Cr. Misc. No. 21610 of 2014 the matter was referred to Mediation and the issue has been settled between the parties.

Considering the above fact, this Court is not inclined to proceed further.

The application accordingly disposed of.

(Dinesh Kumar Singh, J) P.K./- U T