Shyam Kumar Roy @ Shyam Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22751 of 2018 Arising Out of PS.Case No. -222 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================
1. Shyam Kumar Roy @ Shyam Kumar S/o Mahendra Roy R/o Village - Chand Sarai, P.S. - Jandaha, District - Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sonam Kumari @ Suman Devi W/o Shyam Kumar Roy @ Shyam Kumar R/o Village - Chand Sarai, P.S. - Jandaha, District - Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard the parties.
Earlier the petitioner had filed a petition for grant of bail, which was dismissed for default and a restoration application was filed and the petitioner was given opportunity to file a fresh anticipatory bail, vide order dated 28.2.2018 passed in Cr. Misc. no.10850 of 2018.
Submission of the learned counsel for the petitioner is that the O.P.No.2 is not the wife of the petitioner and he is married with another lady and thereafter in order to pressure him, the present case has been filed.
Heard learned A.P.P. also, who has opposed the prayer for bail stating that earlier also a case had been lodged by
Patna High Court Cr.Misc. No.22751 of 2018 (5) dt.03-10-2018 2/2 O.P.No.2 against the petitioner and the petitioner has denied the factum of marriage with the informant.
Having heard both sides and in view of the facts and circumstances, as stated above, and considering the fact that this is the second case lodged against the petitioner, I am not inclined to grant bail to the petitioner, however, the petitioner is directed to surrender within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned trial court on its own merit without being prejudiced by the order of this Court.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T