Chandra Bhusan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.334 of 2015 Arising Out of PS.Case No. -922 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Chandra Bhusan Kumar Son of Yadubansh Ray @ Jadubansh Ray Resident of Village-Mohanpur, P.S-Patori, District-Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.
The petitioner apprehends his arrest in Hajipur Town P.S. Case No. 922 of 2013, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The wife made allegation that her husband was working in 21 Battalion of Bihar Regiment as a Sipoy, but after marriage he demanded different articles as dowry. She has further stated that her husband solemnized marriage with one Chandni Kumari and thereafter, drove her out from the house. Shri Dhirendra Kumar Sinha, the learned counsel for the petitioner submits that the petitioner is an army man and there is no chance of absconding. The second wife has not been made
Patna High Court Cr.Misc. No.334 of 2015 (5) dt.02-02-2015 accused. No case under Section 494 of the Indian Penal Code is filed. It has further been submitted that the petitioner is ready to keep his wife.
On the other hand, learned counsel for the State as well as the informant vehemently opposed the prayer for bail and submitted that the petitioner solemnized second marriage and thereafter, drove her out from the house only because the informant was not able to give birth of a child. Considering the facts aforesaid and the fact that the petitioner being an army man solemnized second marriage and thereafter ousted his wife from the house, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T