Bishwa Jeet Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45025 of 2014 Arising Out of PS.Case No. -2417 Year- 2011 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Bishwa Jeet Kumar .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kr @ Dr. Amrendra Kr For the Opposite Party/s : Mr. Smt. Saheen Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been 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 the complainant is the wife of the petitioner's brother. Notices were issued to the complainant vide order dated 18.12.2014 and 17.04.2015 but none appeared on behalf of the opposite party no.2 on 29.06.2015. Office note dated 31.07.2015 reflects that ordinary process of notice has been served to the counsel of the complainant appearing before the court below. The same gets reflected through service report kept at flag-"A". Today also none
Patna High Court Cr.Misc. No.45025 of 2014 (5) dt.03-08-2015 2/2 is appearing on behalf of opposite party no.2. Considering the fact that factum of marriage is in dispute, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in connection with Complaint Case No. C2417 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T