Bijo Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1265 of 2014 Arising Out of PS.Case No. -2673 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Bijo Das, Son of Narayan Das, Resident of Village-Dariyapur P.S.- Nayagaon Distt.- Begusarai .... .... Petitioner

Versus

1. The State of Bihar

2. Renu Devi, wife of Bijo Das, D/o Baleshwar Das, resident of villageDariyapur, P.S.-Nayagaon, District-Begusarai.

Present

Addressdaughter of Baleshwar Das, resident of village-Baghi (Girdhi Tola), P.S.-Town, District-Begusarai. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the State : Mr. Shardanand Jha, APP For the Opposite Party No. 2 : Mr. Nakul Kumar Jamuar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 18-02-2015 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel appearing on behalf of the opposite party no. 2.

The petitioner seeks anticipatory bail in complaint Case No. 2673 (c) of 2012 in which cognizance has been taken for the offences punishable under Sections 323, 504 and 498A of the Indian Penal Code.

It has been contended that apart from Section 498A of the Indian Penal Code, all other sections are bailable in

Patna High Court Cr.Misc. No.1265 of 2014 (4) dt.18-02-2015 2 / 2 nature. There is no allegation of demand of dowry either by the petitioner or any of his family members. The further contention is that the instant case has been instituted due to matrimonial discord and incompatibility.

On the other hand, learned counsel for the opposite party no. 2 has opposed the prayer for bail. He has submitted that the petitioner is having illicit relationship with his sister-inlaw and for that the complainant is being harassed. Be that as it may, having regard to the facts and circumstances of the case, the order dated 10.01.2014 by which the petitioner was granted provisional anticipatory bail is confirmed.

(Ashwani Kumar Singh, J.) Sanjeet/- U T