Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59786 of 2024 Arising Out of PS. Case No.-2203 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Munna S/O Sajauddin R/O Aasja, P.S- Rauta, Distt.- Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Sahista D/O Abdul Rajjak, W/O Munna At Present R/O Dhusmal, P.SAngadh, Distt.- Purnia. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha For the O.P. No. 2 :

Mr. Amit Kumar Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No. 2.

2. The petitioner apprehends his arrest in connection with C.A. Case No. 2203 of 2022 registered for the offences punishable under Section 498A of the Indian Penal Code.

3. The learned counsel appearing on behalf of the O.P. No. 2 submits that when the case was taken up on 18.09.2024, a specific submission was made by the learned counsel appearing on behalf of the petitioner that petitioner is willing to keep the O.P. No. 2 with honour and dignity along with the child, it was also submitted that petitioner will go the parental house of the

Patna High Court CR. MISC. No.59786 of 2024(4) dt.04-10-2024 2/3 O.P. No. 2 on 25.09.2024 to bring back the O.P. No. 2 and the child to their matrimonial home. It is submitted on behalf of the O.P. No. 2 that O.P. No. 2 is willing to restitute her conjugal right and if petitioner will come to her parental home for fetching her back to her matrimonial home along with the child, the O.P. No. 2 along with the child shall accompany the petitioner without any objection. It is next submitted that thereafter the case was taken up on 01.10.2024 when a detailed order was recorded and it was submitted on behalf of the O.P. No. 2 that petitioner never came to her parental home to fetch her back to her matrimonial home, further it was also submitted that a person who gives false assurance to the Court, his character can well be imagined.

It is further submitted that thereafter when the Court was dictating the order, it was submitted on behalf of the petitioner that petitioner is still ready to keep the O.P. No. 2 and the child with honour and dignity, accordingly, the case was directed to be listed today at 02:15 PM when petitioner and the O.P. No.

4. Today, when the case is taken up, the learned counsel appearing on behalf of the petitioner submits that he had informed the petitioner that his presence is required today at

Patna High Court CR. MISC. No.59786 of 2024(4) dt.04-10-2024 3/3 02:15 PM, but despite being aware that his presence is required in the Court, the petitioner has not appeared, on which the learned counsel appearing on behalf of the O.P. No. 2 submits that this amply demonstrates that petitioner was never ready to keep the O.P. No. 2 and the child with honour and dignity nor he is paying any maintenance to the O.P. No. 2 since 2022, as such, one can well imagine the plight of the O.P. No. 2 how she is sustaining herself along with the child in absence of any financial support.

5. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No. 2 , the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

6. Accordingly, the instant anticipatory bail application is rejected.

7. Let a copy of this order be sent to the Superintendent of Police, Purnea for his perusal and necessary action.

(Satyavrat Verma, J) Rishabh/- U T