Patna High CourtCR. MISC./2415/2017bail granted

Lalit Bhagat @ Lalit Kumar Sah v. State Of Bihar And ANR

2017-05-02Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.2415 of 2017 (5) dt.02-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2415 of 2017 Arising Out of PS.Case No. -518 Year- 2014 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Lalit Bhagat @ Lalit Kumar Sah, Son of Ram Kumar Bhagat, Resident of Village-Singrahi, P.S.-Laukahi, District-Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi Bhagat, Wife of lalit Bhagat, Resident of Village-Singrahi, P.S.-Laukahi, District-Madhubani at Present resident at Ward No. 4 Birpur, P.S.-Birpur, District-Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Prasad, Advocate. For the Opposite Party/s : Mr. Sri Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 518(C) of 2014, registered under Sections 498A and 379 of the Indian Penal Code.

The accusation is of torturing the complainant, Mamta Devi, by her husband and in-laws due to non-fulfillment of demand of dowry and remove from her matrimonial house. Learned counsel for the petitioner submits that petitioner, who is the husband of the complainant-opposite party no. 2 has falsely been implicated in this case due to

Patna High Court Cr.Misc. No.2415 of 2017 (5) dt.02-05-2017 misunderstanding. It is further submitted that on 02.03.2017, order was passed to issue notice to the opposite party no. 2 under both process and provisional pre arrest bail was granted to the petitioner. In spite of receiving the notice as issued under ordinary process to the opposite party no. 2 personally, she did not appear. Having consider the aforesaid facts and circumstances, the provisional anticipatory bail (provisional prearrest bail) granted to the petitioner vide order dated 02.03.2017 is hereby confirmed, in connection with Complaint Case NO. 518 (C) of 2014 pending in the court of Sub-Divisional Judicial Magistrate, Birpur, Supaul.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T