Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46614 of 2019 Arising Out of PS. Case No.-1698 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MANOJ KUMAR Son of Late Suresh Prasad yadav @ Suryadev Singh Resident of Village - Manorah, P.S.- Punpun, Dist.- Patna Permanent resident of Village - Pipra, P.S.- Ram Krishna Nagar, Dist.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi W/o Manoj Kumar Resident of Village - Manorah, Nanihali Tarka, P.S.- Punpun, Dist.- Patna.

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

For the Petitioner/s :

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

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1698(c) of 2016 instituted for the offences punishable under Sections 498A and 494 of the Indian Penal Code.

As per complaint petition allegation against the petitioner, who happens to be husband of the complainant, is that he subjected her to cruelty with respect to demand. Submission of learned counsel for the petitioner is that whole allegation is false and concocted and as a matter of fact no marriage of the petitioner was solemnized with the complainant and he has falsely been implicated as he was not ready to execute sale deed with respect to a land in her favour. Further submission is that he has several documents showing

Patna High Court CR. MISC. No.46614 of 2019(5) dt.22-10-2019 2/2 that the complainant is wife of one Ajay Kumar and the notice of the school with respect to children of the complainant has also been sent to the petitioner.

Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail on the ground that after inquiry process has been issued against the petitioner and petitioner has never challenged the marriage before any competent jurisdiction and furthermore complainant has also several documents in support of her marriage with the petitioner.

In view of above facts and circumstances, let petitioner surrender and pray for regular bail, which shall be considered on the basis of the materials available on the record and the above submission of both the parties and disposed of by the court below by a detailed order, without being prejudiced by this order.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T