Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45400 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== ANKIT KUMAR Son of Mohan Sharma Resident of Village - Mumtaz Mohalla - P.S.- Naugachia, Distt - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Priyanka Kumari D/o Ganga Rajak Resident of Village - Jamgaon, P.S.- Jagdishpur, Distt - Bhagalpur.

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Naugachia Mahila PS Case no.7/19 registered for offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of the D.P.Act.

FIR discloses that the petitioner had solemnized marriage with the informant as they have earlier also physical relationship and thereafter taken her to the house of the brother-in-law of the petitioner but later on they are not agreed for Bidai rather they are demanding Rs.02 lac and stating that unless the demand is fulfilled, they will not keep her .

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.45400 of 2019(3) dt.22-10-2019 2/2 that no such marriage has been performed and the informant in order to pressurize the petitioner, the present case has been filed, however, the learned counsel for the petitioner has drawn my attention toward Annexure 3, which is a compromise reached between the parties but that compromise still shows that the petitioner has agreed to keep her with dignity and care and will not subject to any torture and harassment and that supports the prosecution case itself.

Heard learned A.P.P. . No body apepars on behalf fo the O.P.no.2.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T