Sudhir Rai @ Sudhir Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51272 of 2019 Arising Out of PS. Case No.-1366 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SUDHIR RAI @ SUDHIR KUMAR RAI Son of Bhushan Kumar Ray Resident of Village - Morba, Anandpur, ward No.10, P.S.- Tajpur, dist.- Samastipur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rekha Kumari late Umesh Rai Resident of Village - Adharpur Ward No.1, P.S.- Samastipur Muffasil, Dist.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case NO.1366 of 2018 (T.R.No.2740 of 2019) registered for offences punishable under Sections 323 and498A of the Indian Penal Code.

Allegation against the petitioner is of demand of motorcycle and for that torturing and assaulting the complainant (wife).

Submission of the learned counsel for the petitioner is that the allegation is false and concocted as a matter of fact this is a case of forcibly marriage against the petitioner and his family members, however, he has failed to satisfy as to whether

Patna High Court CR. MISC. No.51272 of 2019(2) dt.17-08-2019 2/2 he has filed any case with regard to that and also as to whether he has filed any application for annuling the marriage. Heard learned A.P.P. and the learned counsel for the O.P.no.2, who has opposed the prayer for bail on the ground that she is still ready to reside with the petitioner but he is not ready to keep her with respect to above demand..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T