Anil Nut v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52216 of 2014 Arising Out of PS.Case No. -838 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Anil Nut Son of Rasid Nut Resident of Village - Nibua Bazar, Nawaka Tola Vijaypur, Police Station - Pipra, District - Kushinagar, (Uttar Pradesh). .... .... Petitioner

Versus

1. The State of Bihar.

2. Pramila Devi Wife of Anil Nut, Resident of Village - Nibua Bazar, Nawaka Tola Vijaypur, Police Station - Pipra, District - Kushinagar, (Uttar Pradesh). at present resident of village - Pakarihar, Police Station - Chanpatia, District- West Champaran.

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

For the Petitioner : Mr. Brij Kishor Mishra, Advocate.

For the Opposite Parties : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 838-C of 2013, corresponding to Sessions Trial No. 1815 of 2014, registered for the offences punishable under Section 498A of the Indian Penal Code.

The notice was issued to the complainant, but the same returned un-served. Again the notice was issued, the complainant received the notice, but she did not appear.

Learned counsel for the petitioner submits that the complainant is not legally wedded wife of the petitioner. The complainant had illicit relationship with Rakesh Singh. She also

Patna High Court Cr.Misc. No.52216 of 2014 (4) dt.04-05-2015 2/2 got a child from Rakesh Singh. The complainant is ten years older than the petitioner. The marriage between the petitioner and complainant was never solemnized.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 838-C of 2013, corresponding to Sessions Trial No. 1815 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T