Sanjeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54581 of 2015 Arising Out of PS.Case No. -2089 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ====================================================== Sanjeev Kumar Son of Ramchandra Chaudhary resident of village Pil Dauri, P.S. Sultanganj, District - Bhagalpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita Kumari daughter of Arun Chaudhary resident of village Sono, P.S. Sono, District Jamui, Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2016 Perused the report of learned Sub-Divisional Judicial Magistrate, Jamui at Flag-X dated 26.11.2016. The petitioner was granted provisional anticipatory bail for six months in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 494, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The provisional bail was to be confirmed by learned Court below after conducting enquiry with regard to the factum of marriage between the petitioner and the complainant since petitioner denied married with the complainant. The learned Court below was to confirm the provisional bail, if learned Court below prima facie comes to a conclusion that petitioner has not performed marriage with the complainant, otherwise

Patna High Court Cr.Misc. No.54581 of 2015 (3) dt.21-12-2016 2/2 petitioner was directed to surrender and pray for regular bail. The report of learned Sub-Divisional Judicial Magistrate, Jamui at Flag-X dated 26.11.2016 suggests that enquiry could not be completed.

Considering the fact that petitioner was granted provisional anticipatory bail for six month vide order dated 01.12.2015 which has already expired on 31.05.2016 and no petition has been filed by the petitioner for extending the period of provisional bail, no order needs to be passed. Let learned Court below consider the prayer for bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 2089C of 2014, pending in the Court of learned Sub-Divisional Judicial Magistrate, Jamui.

With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T