Binod Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27369 of 2016 Arising Out of PS.Case No. -915 Year- 2015 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Binod Rai son of Yogendra Rai, resident of Village- Bhalaha, Police Station- Bathnaha, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sundesh Devi D/o Sanjay Rai, resident of Village- Kumma Pipardi, Police Station- Sursand, District- Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 The present application has been filed with a prayer for grant of anticipatory bail in a complaint case wherein process has been directed to be issued after cognizance being taken for the offense punishable under Section 498A of the IPC. The learned Sessions Judge directed the learned court below to release the petitioner on provisional bail if the petitioner and the complainant appear before the learned court below and thereafter confirm the same on the restoration of matrimonial harmony.

It is submitted by learned counsel for the petitioner that the petitioner could not appear since the complainant was not ready to appear with him.

Patna High Court Cr.Misc. No.27369 of 2016 (2) dt.01-07-2016 2/2 In the circumstances, the petitioner ought to move learned Sessions Judge first.

Accordingly the application is disposed of with liberty to the petitioner to move the learned Sessions Judge first in connection with Complaint Case No. C1/915 of 2015 pending in the court of learned SDJM, Sadar at Sitamarhi. (Dinesh Kumar Singh, J) Amrendra/- U T