Jitendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60256 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Jitendra Chaudhary, S/o Late Rameshwar Chaudhary, R/o village- Suryapura, P.S.- Bodh Gaya, District- Gaya ... ... Petitioner
Versus
1.
The State of Bihar 2.
Vinita Devi, W/o Jitendra Chaudhary, D/o Basant Chaudhary, R/o villageIndai, P.S.- Sheikhpura, District- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed. Rizwanul Haque For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 7 (C) of 2019, disclosing offences under Sections 323 and 498A of IPC. Complaint petition disclosed that earlier also a complaint lodged by the complainant before the Mahila Helpline, whereas the petitioner executed bonds and took her, but after the birth of second child, she was driven out of the house and complainant has filed a maintenance case also and the same was also disposed of on the basis of compromise, but thereafter petitioner leaving her in the Civil Court premises, fled away.
Submission of the learned counsel for the petitioner is that as a matter of fact, he is ready to keep her, but she is not
Patna High Court CR. MISC. No.60256 of 2019(2) dt.24-09-2019 2/2 ready to live with his family members and as such, she has lodged this false and concocted case.
Heard learned A.P.P. also. From the perusal of the complaint petition, it appears that earlier also petitioner has taken her on the basis of compromise itself and left her. Having heard both sides, considering the conduct of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered on its own merit. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T