Santosh Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48798 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -MASRAKH District- SARAN ======================================================

1. Santosh Rai son of Nand Kisore Rai resident of Village- Panchkhanda, P.S.- Mashrakh, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi D/o Paras Nath Yadav resident of Village- Hanumanganj, P.S.- Mashrakh, District- Saran.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Mashrakh P.S. Case No. 17 of 2016 registered under Sections323/ 307/ 498A/ 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is ready to keep his wife but it is she who does not want to live with this petitioner. Petitioner has also filed a petition for restitution of conjugal rights. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner being the husband

Patna High Court Cr.Misc. No.48798 of 2016 (5) dt.20-06-2017 2/2 of the informant could not maintain her honour and dignity. During investigation witnesses have supported the prosecution case.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I do not feel inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is, therefore, rejected. (Arvind Srivastava, J) Manish/- U T