Panchanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48685 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Panchanand Prasad, Son of Late Ramjee Prasad, Resident of Bajrangpuri, Gai Ghat, P.S.- Alamganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishor Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 76 of 2018, disclosing offences under Sections 498A/34 of the Indian Penal Code. Allegation against the petitioner is of demand of Rs.4,00,000/- and one Maruti Car and torturing her physically and mentally. Further allegation of ousting her, however after taking Rs.1,00,000/- from her parents, for few days, petitioner keeps his wife, but she was again tortured and ousted her from the house.

Submission of learned counsel for the petitioner is that petitioner was subjected to mental torture by the informant and due to that he has already filed a divorce case against the informant, which is pending before the Principal Judge, Family Court, Patna.

From the impugned order, it appears that informant

Patna High Court CR. MISC. No.48685 of 2019(2) dt.05-08-2019 2/2 has appeared before the Additional Sessions Judge, 17th, Patna, and before him a submission was made on behalf of the informant-wife that she wants to reside with the petitioner but petitioner flatly refused to keep her.

Heard learned APP also.

In such view of the matter, this application is disposed of with a direction to the petitioner to surrender before the learned court below by 14.08.2019 and make prayer for regular bail, which shall be considered by the learned court below and pass an appropriate order, without being prejudiced by order of this Court and if the petitioner is ready to pay any reasonable maintenance to the opposite party no.2, the learned court below shall also consider the same while passing the order for grant of bail to the petitioner.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T