Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60900 of 2021 Arising Out of PS. Case No.-278 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Lalan Kumar Son Of Umesh Singh Resident Of Vill- Burhwa, P.S.- Alauli, Dist- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pooja Kumari W/o Lalan Kumar Resident of Vill- Budhaura, P.S.- Alauli, Dist- Khagaria at present residing at Vill- Tikarampur, P.O. Vasudevpur, Ward No.5, P.S.- Vasudevpur, Dist - Munger.

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 506, 494, 323, 34 of the Indian Penal Code.

The accusations are of torture, ousting the informant from her matrimonial house and performing second marriage by the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.60900 of 2021(11) dt.29-09-2022 2/3 petitioner that informant is a quarrelsome lady and she was not ready to resume the conjugal life with the petitioner. The petitioner has also filed a divorce case before learned Court below and ultimately he has performed second marriage.

Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that torture was inflicted by the petitioner to his wife who is informant before this Court. It is further submitted that informant is living in her parents' house with her two children and petitioner has performed second marriage with one Khushboo Kumari. Without giving divorce to the informant, the petitioner has performed second marriage which itself comes within the purview of cruelty against the informant.

In the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail

Patna High Court CR. MISC. No.60900 of 2021(11) dt.29-09-2022 3/3 to the petitioner.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T