Shshi Kant Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57706 of 2019 Arising Out of PS. Case No.-626 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHSHI KANT GIRI S/o Shri Rameshwar Giri R/o Village- Sedha Mathiya, P.S.- Sangrampur, District- East Champaran. At present residing at Ward No. 08, Chakradharpur, P.S.- Chakradharpur, District- West Singhbhum (Jharkhand) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nidhi Kumari W/o Shri Shashikant Giri, D/o Shri Ajay Giri R/o villageRajapur Mathiya, P.S.- Kotwa, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Srivastava For the Opposite Party/s :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Trial No.2195 of 2019 arising out of Complaint Case No.C-626 of 2018 registered for offences punishable under Sections 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of demand of dowry and for non-fulfillment of the demand subjected the complainant to cruelty. There is further allegation that the petitioner has married with another lady.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.57706 of 2019(2) dt.13-09-2019 2/2 that he is ready to keep her with dignity and care. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, as well as he has married with another lady, I am not inclined to grant privilege of anticipatory bail to the petitioner, as such this application is disposed of with direction to the petitioner to surrender before the learned court below and pray for regular bail, which will be considered on its own merit without being prejudiced by the order of this Court. It is also made clear that if the petitioner will persuade the O.P.no.2 to reside with him and she appears along with the petitioner before the learned court below, the learned court below while considering the bail application of the petitioner shall consider the aforesaid aspect of the matter also. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T