Shankar Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47358 of 2014 Arising Out of PS.Case No. -444 Year- 2013 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Shankar Kumar Paswan son of Bhola Paswan resident of Village - Nahari, P.S. - Loukha, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sarita Devi, wife of Shankar Kumar Paswan, resident of village-Nahari, P.S.-Loukha, District-Madhubani.

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the State.

Perused the report of the learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani dated 23.06.2017, kept at 'Flag-A'.

The petitioner, being the husband of the complainant, was granted provisional anticipatory bail for six months in Complaint Case No.444 of 2013, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner denied the factum of marriage, as a result, the learned Court below

Patna High Court Cr.Misc. No.47358 of 2014 (4) dt.19-07-2017 was directed to conduct an enquiry with regard to the factum of marriage between the parties with liberty to confirm the provisional bail of the petitioner, if it is prima facie found that the petitioner has never been married with the complainant, otherwise petitioner was directed to surrender before the learned Court below and pray for regular bail.

It appears from the report of the learned SubDivisional Judicial Magistrate, Jhanjharpur, Madhubani that the petitioner has failed to appear before the learned Court below in spite of several adjournments. Hence, the learned Court below has prayed for extension of period of enquiry. Since, the period of provisional bail has already been lapsed on 22.10.2015 and the request for extension of period of enquiry has been made by learned court below vide letter dated 23.06.2017, this Court is not inclined to extend the period of enquiry.

No application has been filed on behalf of the petitioner either for extension of period of enquiry or extension of period of provisional bail.

Let the petitioner surrender before the learned court below and pray for regular bail.

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