Patna High CourtCR. MISC./31210/2014rejected

Anu Kumar v. The State Of Bihar

2015-01-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31210 of 2014 Arising out of P. S. Case No. - 26 Year - 2014 Thana - MAHILA PS District - KHAGARIA ======================================================

1. Anu Kumar, S/O Maheshwar Singh, Resident of village - Saidpur, P.S. - Mansi, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Smt. Pronoti Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2015 Heard the parties.

In this application for anticipatory bail the petitioner apprehends his arrest for the offence punishable under Sections 498A, 494 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The informant got married on 23.11.2013 with the petitioner according to Hindu rites and custom and further due to non-fulfilment of demand of dowry by way of motorcycle the informant was subjected to cruelty and harassment and the petitioner re-married on 30.05.2014 and thereafter the informant was ousted from in-laws house.

Submission is of false implication and that father of the informant after kidnapping the petitioner married with minor daughter and the petitioner has never been married with informant

Patna High Court Cr.Misc. No.31210 of 2014 (2) dt.29-01-2015 out of his own will and, as such, the petitioner deserves sympathetic consideration to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering that the petitioner has re-married and ousted the informant from in-laws house, this Court is not persuaded to grant pre-arrest bail to the petitioner. Accordingly, such prayer stands rejected in connection with Khagaria Mahila P.S. Case No. 26 of 2014 pending before the Court of learned Chief Judicial Magistrate, Khagaria.

Kundan (Jitendra Mohan Sharma, J.) U T