Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47732 of 2019 Arising Out of PS. Case No.-546 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Raushan Kumar Son of Late Raj Kumar Mandal Resident of Village - Shankarpur, P.S.- Rosera, Dist.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari W/o Raushan Kumar, D/o Lakshmi Mandal Resident of Village - Shankarpur, P.S.- Rosera, Dist.- Samastipur, At Present D/o Lakshmi Mandal, Resident of Village - Pokharvinda Navka Tola, P.S.- Rosera, Dist.- Samastipur.

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with C.R. No. 546 of 2017 in which cognizance has been taken under Sections 323, 341, 354, 498A and 494/34 of the Indian Penal Code.

As per complaint petition there is allegation against the petitioner that he ousted the complainant from the house and solemnized second marriage.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care, whereas learned counsel for opposite party No.2 has submitted that cognizance

Patna High Court CR. MISC. No.47732 of 2019(4) dt.23-10-2019 2/2 has been taken under Section 494 of IPC and in such a situation it is not possible for the opposite party No.2 to reside with the petitioner.

Heard learned APP also.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T