Mritunjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30122 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Mritunjay Kumar, son of Awadhesh Singh, resident of Village- Chanahat, Police Station-Haspura,Dustrict- Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Puja Devi D/o Harendra Singh resident of village- Shakhara , P.S. - Rajpur,District-Rohtas, at

Present

M.I.D.C., Higana Road Nagpur,Maharastra.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Tej Narayan Singh, Advocate. For the State : Mr. Mukteshwar Dayal, A.P.P. For the O.P. No. 2 : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of opposite party no. 2.

The petitioner is apprehending his arrest in connection with Haspura P.S. Case No. 76 of 2016 for the offences instituted under Sections 498(A), 494, 323, 504 and 506/34 of the IPC. The prosecution story, in brief, is that the informant was married with this petitioner in the year 2011 and started living at Nagpur as wife and husband. The informant always told the petitioner to take her at his house but he denied. Thereafter, her Dewar took her at Rafiganj Railway Station and after leaving her, went away. She reached at her Sasural where her husband and other in-laws abused and ousted from the house with threatening

Patna High Court Cr.Misc. No.30122 of 2016 (5) dt.02-03-2017 2/2 to kill her. She also came to know that her husband has already married with another girl and he has a daughter. It is alleged that her husband kept her ornaments and on 04.04.2016 in the evening husband and other in-laws ousted after assaulting her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The factum of the marriage itself is disputed by the petitioner. The informant was married to another person prior to institution of the present case. The said fact has come in paragraph no. 22 of the case diary. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Haspura P.S. Case No. 76/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T