Raju Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22268 of 2015 Arising Out of PS.Case No. -184 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Raju Thakur son of Rajendra Thakur, resident of village- Wahitpur, P.S.- Gourichak, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Beby Devi wife of Raju Thakur, Daughter of Laxmi Thakur, resident of village- Sebai, P.S.- Dhanarua, Dist.- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate. For the Opposite Party/s: Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Sections 494 and 498A/34 of the Indian Penal Code and the fact that the petitioner is a Hindu, who could not have performed a second marriage in the life time of his first wife/Opposite Party No. 2, this Court, having found the allegation made in the F.I.R. to be prima facie true, the only submission now being made by the learned counsel for the petitioner that even O.P. No. 2 has entered into second marriage, being based only on oral submission, would not be inclined to grant privilege of anticipatory bail to the petitioner. That being so, the prayer for anticipatory bail is hereby rejected.

(Mihir Kumar Jha, J) Sujit/- U