Deepu Chaudhary @ Deepu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12789 of 2016 ====================================================== Deepu Chaudhary @ Deepu Kumar, Son of B.C. Choudhary, Resident of Village- Basopatti Chand Sarai, P.S. Jandaha, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sanju Devi, Daughter of Thagan Rai, Resident of Village- Bardiha Turki, P.S. Patepur, District- Vaishali.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-04-2016 The present application has been filed for modification of order dated 12.08.2015 passed in Cr. Misc. No. 33361 of 2015 to the extent that now the petitioner is ready to keep the complainant as wife with full dignity and honour. The petitioner was granted provisional anticipatory bail for six months in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code since the petitioner denied the factum of marriage when the learned court below was directed to conduct an enquiry with regard to the factum of the marriage and on conclusion of the same if it is found that the petitioner has not performed marriage
Patna High Court Cr.Misc. No.12789 of 2016 (2) dt.06-04-2016 2/2 with the complainant then the provisional bail will be confirmed by the learned court below but in case the learned court below comes to a conclusion otherwise, the petitioner will surrender and pray for regular bail.
Since during enquiry it was found that the petitioner has performed marriage with the complainant, this Court is not inclined to interfere. But keeping in view of the present stand of the petitioner that he is ready to keep the complainant as wife with full dignity and honour, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. C1-217 of 2015 pending in the court of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur.
Accordingly, this modification application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T