Patna High CourtCR. MISC./3265/2016rejected

Amresh Bhattacharya v. State Of Bihar And ANR

2017-01-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3265 of 2016 Arising Out of PS.Case No. -1976 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Amresh Bhattacharya S/o Lae Byomkesh Bhattacharya R/o Village Bena P.O. Bena, P.S. Jamtara, District- Jamtara (Jharkhand), present address G.M. Office, Jharkhand State Electricity Board, Mahua Danga, P.S.- Dumka, District- Dumka (Jharkhand) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jyotsana Bhattacharya, W/o Amresh Bhattacharya, R/o Etwarpur, P.O.- Kurthoul, P.S.- Parsa Bazar, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2017 None appears for the petitioner. It appears that none appeared on behalf of petitioner on 13.12.2016 also. The complainant along with her counsel is present in the Court.

The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 506 of the Indian Penal Code.

The basic accusation is of torture after forty years of marriage.

It appears from the order dated 20.01.2016 that it was submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.3265 of 2016 (5) dt.31-01-2017 2/2 complainant is mentally abrased, hence the petitioner performed second marriage with the sister of the complainant but he always maintains the complainant.

It is submitted by learned counsel for the complainant that complainant is residing with her son and she is a normal lady who is present in the Court. The petitioner is government servant working in the electricity supply unit of the State of Jharkhand. The complainant is pushed to destitution and vagrancy due to apathetic attitude of the petitioner. Considering the above submissions and the fact that none is appearing on behalf of the petitioner, this Court is not inclined to consider the prayer for bail of the petitioner. The prayer for bail of the petitioner stands rejected in connection with Complaint Case No. 1976(C) of 2013, pending in the Court of learned Judicial Magistrate, 1st Class, Patna.

(Dinesh Kumar Singh, J) Shageer/- U T