Patna High CourtCR. MISC./27658/2016disposed

Rajesh Kumar Das v. State Of Bihar And ANR

2016-07-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27658 of 2016 Arising Out of PS.Case No. -3419 Year- 2014 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Rajesh Kumar Das S/o Dinesh Lal Das resident of Village Maheshpuri, Ward No. 1 P.S. Forbesganj, District Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Lalita Devi, W/o Rajesh Kumar Das D/o Dinesh Lal Das Resident of Village New Toli, Aurahi, O.P. Hingna, Aurahi P.S. Simraha, District Araria.

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offence punishable under section 498A of the Indian Penal Code. Prosecution case is of inflicting torture just after marriage performed on 10.7.2014.

It is submitted by the learned counsel for the petitioner that admittedly marriage was performed on 10.7.2014 but on 8.8.2014, just after 26 days of marriage ultrasonography was done and it was detected that the complainant was carrying pregnancy of about 13 weeks. Hence, the petitioner filed Matrimonial Case

Patna High Court Cr.Misc. No.27658 of 2016 (2) dt.04-07-2016 No. 8/2014 on 10.10.2014 for annulment of marriage. Thereafter the complaint was filed on 27.11.2014.

Considering filing of the matrimonial suit at the earlier point of time, it is a fit case for consideration of the prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 3419C/ 2014 pending in the court of Sri S.Kumar II, Judicial Magistrate, 1st Class, Araria. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U