Pankaj Kumar Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44042 of 2016 Arising Out of PS.Case No. -1598 Year- 2003 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================
1. Pankaj Kumar Sharma son of Brahmdeo Sharma Resident of VillageKhori Bhaitwan, P.S. Hasanpur, District Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Renu Devi Wife of Pankaj Kumar Sharma at Present Renu Devi Daughter of Ram Charitra Sharma, Resident of Village- Suja Tola, P.S. Mufassil, District Begusarai .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Babita Kumari, Advocate For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant has renewed his prayer for anticipatory bail in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
The petitioner has earlier preferred Cr. Misc. No. 33948 of 2004 which was dismissed as not pressed vide order dated 25.11.2004 and thereafter the second anticipatory bail application was preferred in 2016 on the ground that complainant has performed second marriage.
Patna High Court Cr.Misc. No.44042 of 2016 (2) dt.18-10-2016 Keeping in view of the nature of accusation and the fact that complainant has field Matrimonial Suit No. 78 of 2006 with a prayer for divorce, which has already been decreed exparte, it is a case for consideration of prayer for bail. Let the learned court below consider the prayer for bail of the petitioner, if he surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1598C of 2003, pending in the court of learned Sri Subhash Uraon, learned Additional Chief Judicial Magistrate-III, Begusarai.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T