Naveen Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30019 of 2016 Arising Out of PS.Case No. -271 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Naveen Kumar Son of Sri Subhash Chandra Singh Resident of Bahadurpur, Ward No.27, P.S. Samastipur, Dist- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Kumari W/o Naveen Kumar, D/o Jagdish Mahto R/o Bahadurpur, Ward No.27, P.S. Samastipur, Dist- Samastipur. at present Mehboob Khan Tola, P.S.- K.Hat (Sahayak), Dist- Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and is ready to keep the complainant with dignity and honour. A statement to that effect has been made in para 13 of the petition which reads as follows:- "That, petitioner is ready to

Patna High Court Cr.Misc. No.30019 of 2016 (2) dt.22-07-2016 2/3 keep her wife with full dignity even at separate place from his native place i.e. Samastipur on condition that she and her father should not demand partition between the petitioner and his father" It is further submitted that at present the petitioner and the complainant are residing together and the complainant is carrying pregnancy of 34 weeks. A statement to that effect has been made in 6 of the petition and the medical report to that effect has been brought on record as Annexure-2. Paragraph 6 of the petition reads as follows:- "That, petitioner happened to be husband of the complainant and both were living together as pregnancy report of complainant dated 14.04.2015 suggests that she was having 34 weeks of pregnancy which may be presumed that both were living together."

Since a statement has been made in para 9 that process under Section 82 Cr.P.C has been issued against the petitioner, this Court is not inclined to consider the prayer for anticipatory bail. However, keeping in view of the present stand of the petitioner, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 271 of 2013, pending in the Court of learned Judicial Magistrate, 1st Class, Purnea.

It is expected from the learned Court below to

Patna High Court Cr.Misc. No.30019 of 2016 (2) dt.22-07-2016 3/3 dispose of the application preferably on the same day. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T