Sharwan Chauhan @ Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46581 of 2019 Arising Out of PS. Case No.-1436 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== SHARWAN CHAUHAN @ SHARWAN KUMAR S/o Ramasharay Chauhan @ Lakhan Chauhan Resident of Ishanagar Beldari Tola, P.S.- Ghoswari, P.O.- Karkain, District- Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rasaba Devi W/o Sharwan Chauhan Resident of Ishanagar Beldari Tola, P.S.- Ghoswari, P.O.- Karkain, District- Patna at present resident of Daughter of Suresh Chauhan Village- Beldari, P.S.- Asthawan, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar Sinha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 498A, 406, 494 of the Indian Penal Code.

By order dated 18.10.2019, both parties was directed to appear before the Mediation & Conciliation Centre, Patna High Court, Patna.

Report of the Mediator at Flag-'A' reveals that the dispute between the parties could not be resolved through the

Patna High Court CR. MISC. No.46581 of 2019(4) dt.05-02-2020 2/2 process of mediation.

Learned counsel for the petitioner submits that the marriage of the petitioner was solemnized in the year 2008, therefore, no offence under Section 498A is made out against the petitioner. He submits that petitioner is ready to keep his wife with full dignity and care. He further submits that the petitioner has solemnized 2nd marriage with one Guria Devi as alleged, is wrong.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Nalanda at Biharsharif in connection with Complaint Case No. 1436C of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T