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Patna High CourtCR. MISC./9771/2016disposed

Pradeep Kumar Mahto @ Pradeep Kumar v. State Of Bihar And ANR

2016-02-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9771 of 2016 Arising Out of PS.Case No. -1346 Year- 2007 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Pradeep Kumar Mahto @ Pradeep Kumar, son of Ram Nath Mahto, resident of Village-Mathurapur, P.S.-Barharia, District-Siwan .... .... Petitioner/s

Versus

1. The State of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2016 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 323, 494, 498A of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant but the complainant deserted the petitioner long ago and she has performed second marriage with one Suresh Mahto. The marriage certificate to that effect has been issued by the Panchayat Mukhiya which has been brought on record as Annexure-2.

Considering the fact that complaint was filed in 2007, let learned Court below consider the prayer for regular

Patna High Court Cr.Misc. No.9771 of 2016 (2) dt.26-02-2016 2/2 bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 1346 of 2007, pending in the Court of learned Chief Judicial Magistrate, Siwan.

With the observations above, the application stands disposed of.

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