Rajesh Kumar @ Rajesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49104 of 2019 Arising Out of PS. Case No.-2025 Year-2015 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== RAJESH KUMAR @ RAJESH SHARMA Son of Teno Mistri @ Tano Mistri Resident of Village- Pampukal Road, Nawada, P.S.- Nawada, DistrictNawada. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Guriya Devi D/o Kanahi Mistri Resident of Village-Chakauri Bigha, P.S.- Tankuppa, District-Gaya.

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.2025/2015 , registered for offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of the D.P.Act.

In this case earlier notice was issued to the O.P.no.2 and as per the report of the Process Server, O.P.no.2 had gone out and her family members refused to take notice as such notice was hanged on the door. Allegation against the petitioner is of subjecting the complainant (wife) to cruelty with respect to demand of Rs.01 lac and one motorcycle and also threatening

Patna High Court CR. MISC. No.49104 of 2019(5) dt.24-10-2019 2/2 to solemnizing marriage with another lady.

Submission of the learned counsel for the petitioner is that the complainant is in the habit of lodging case one after another and earlier also she had lodged a case before the Mahila Police Station in which the petitioner has been granted bail, which will appear from the complaint case itself and now the present case has been filed.

Heard learned A.P.P. also.

Having heard both sides. This application is allowed and the provisional granted to the petitioner, vide order dated 6.8.2019 is confirmed.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T