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Patna High CourtCR. MISC./6139/2017dismissed

Ranjan Yadav @ Kaushal Kumar v. State Of Bihar And ANR

2017-04-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6139 of 2017 Arising Out of PS.Case No. -501C Year- 2016 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Ranjan Yadav @ Kaushal Kumar, son of Shyam Sundar Prasad Yadav, resident of village Bariyahi, P.S. Bangaon, Distt. Saharsa. .... .... Petitioner/s

Versus

1. State of Bihar

2. Rinku Devi, wife of Ranjan Yadav @ Kaushal Kumar, resident of village Bariyahi, P.S. Bangaon, Distt. Saharsa, at present residing at Mohalla Mahartha, P.S. and Distt. Saharsa.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2017 The opposite party No. 2 (wife) is present in Chambers with her two minor children.

The father of the opposite party No. 2 is also present. Petitioner (husband) is not present.

From the written report and the impugned order, it appears that petitioner has performed second marriage with another girl namely, Punam Devi, on 10.3.2016 and, thereafter, complainant was driven out from her matrimonial home. As per complaint petition, marriage of the complainant with petitioner took place on 10.2.2010 and two children were born from the wedlock. Both the children are present today along with mother.

Patna High Court Cr.Misc. No.6139 of 2017 (3) dt.11-04-2017 2/2 The opposite party No. 2 (wife) has stated that her husband is not making payment for her maintenance and the maintenance of her two minor children. At present she is living in her parent's house.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for bail. In the event petitioner will file a petition that he is ready to keep his wife with full honour and care, the court below will consider the regular bail application of the petitioner on merits in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T