Mithun Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29281 of 2016 Arising Out of Complaint Case No. -4062 Year- 2015 Thana -SAHARSA COMPLAINT CASE District- SAHARSA ====================================================== MITHUN KUMAR S/o - Umesh Sonar .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Biva Devi W/o - Mithun Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard.

The petitioner being the alleged husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

Basic accusation is of torture. It is further claimed by the complainant that the petitioner has performed second marriage with one Santoshi Devi.

It is submitted by learned counsel for the petitioner that the petitioner's marriage was never performed with the complainant but he admits that only summons have been issued for the present.

Patna High Court Cr.Misc. No.29281 of 2016 (2) dt.09-08-2016 2/2 Under the circumstances, let the learned Court below consider the prayer for regular bail of the petitioner and dispose of the same on the same day in view of the ratio laid down in the case of Salim Ansare alias Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in PLJR 2015(3) 806 , if the petitioners surrender within a period of six weeks in connection with Complaint Case No.4062/2015, pending before the learned SDJM, Saharsa.

With the above observation, this application is, accordingly, disposed off.

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