Anil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4412 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -TARAPUR District- MUNGER ====================================================== Anil Kumar, Son of Sitaram Sah, resident of village- Vishay, P.S. Tarapur, District Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tanu Priya Kumari @ Rubi, D/o Late Devendra Prasad Sah, Resident of Village- Abjuganj, P.S. Sultanganj, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate. For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2017 Both husband and wife are present in Chambers along with their respective counsels.

The opposite party No. 2 (wife) has submitted that she is ready to live with her husband, but petitioner (husband) is not ready to keep his wife. From the talk in Chambers during reconciliation, it appears that petitioner is teacher in +2 school in Delhi and wife is also a contract teacher in Sultanganj (Bhagalpur).

During talk with husband and wife, it appears that marriage between petitioner and opposite party No. 2 is admitted. The marriage has taken place in the year 2013. It is mentioned in the impugned order that when the

Patna High Court Cr.Misc. No.4412 of 2017 (5) dt.20-04-2017 2/2 wife went to live with petitioner, she was assaulted by him due to which she sustained injuries. The injury report attached with the case diary shows that total four injuries was found on her person out of which two was on head. The patient was referred to J.L.N.M.C. Hospital Bhagalpur for opinion and treatment of all injuries.

From the conduct of petitioner (husband) in Chamber during hearing of the bail application, it appears that he is not ready to keep the wife although it is admitted position that she is legally wedded wife of petitioner.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and pray for regular bail which shall be considered by the court below in accordance with law.

(Sanjay Priya, J) S.Ali/- U T