Ashok Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56266 of 2019 Arising Out of PS. Case No.-1206 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== ASHOK CHOUDHARY Son of Satya Narayan Choudhary Resident of Village- Gosaipur, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Gudiya Kumari Wife of Ashok Choudhary Resident of Village- Gosaipur, P.S.- Dumra, District- Sitamarhi, At present D/o Surendra Mishra, Resident of Village- Sheohar, P.S.- Dumra, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1206/2018, disclosing offences under Section 498(A) of the Indian Penal Code. Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture with respect to demand of dowry.

Submission of learned counsel for the petitioner is that prior to lodging of this case, petitioner has filed a divorce case against the complainant and, therefore, the present case has been lodged and considering the conduct of the complainant, he is not ready to keep the complainant.

Heard learned A.P.P. as well as learned counsel for

Patna High Court CR. MISC. No.56266 of 2019(3) dt.16-11-2019 2/2 the complainant. Learned counsel for the complainant has submitted that complainant is still ready to live with the petitioner but petitioner is not ready to keep her. Having heard both sides, considering the facts and circumstances as well as the rigid approach of the petitioner to not keep the complainant with himself, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T