Sandesh Baitha v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.26952 of 2014 (4) dt.26-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26952 of 2014 Arising Out of PS.Case No. -3129 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Sandesh Baitha son of Shivdhari Baitha, resident of Village- Dwarika Nathpur, P.S. Karja, Dist- Muzaffarpur, at present residing on Lolhua Paigambarpur, P.S. Ahiyapur, Dist. Muzaffarpur at present address Secretariat Patna, Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Dharohar Devi wife of Sandesh Baitha D/o Late Yigal Chaudhary resident of Mohalla- Kalhua Chowk Paigambarpur, road No. 1 Gandhi Nagar P.S. Ahiyapur, Dist- Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 498(A) and 494/34 of the Indian Penal Code registered in connection with Complaint Case No. 3129 of 2012.
3. It is submitted that the petitioner being the husband of the complainant has been falsely implicated in the complaint case and this is the first complaint of its nature since the parties have married as far back in the year 1977.
4. Despite issuance of notice to the opposite party no. 2, she has refused to accept service and none is
Patna High Court Cr.Misc. No.26952 of 2014 (4) dt.26-08-2015 present on her behalf when the matter is called today.
5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 21.11.2014 pending in the Court of learned Sub-Divisional Judicial Magistrate (East), Muzaffarpur in connection with Tr. No. 2204 of 2013 arising out of Complaint Case No. 3129 of 2012 of is hereby confirmed.
(Vikash Jain, J) Md. Ibrarul/- U T