Patna High CourtCR. MISC./15605/2017rejected

Sunny Kumar v. State Of Bihar And ANR

2017-04-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15605 of 2017 ====================================================== Sunny Kumar, son of Sri Amarnath Sharma @ Amarnath Thakur, resident of Mohalla- Tulsi Mandi, P.S.- Alamganj, P.S.- Gulzarbagh and DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Sandhya Kumari, daughter of Upendta Thakur and wife of Sunny Kumar, resident of Village- Kura Nawadah, P.S.- Parsa Bazar and DistrictPatna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammed Abu Haidar, Adv. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 745/2015, registered for the offences punishable under Section 498(A) and other section of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The complainant made allegation that the petitioner (husband of the complainant) subjected her to physical and mental torture due to non-fulfillment of demand of dowry and she was also assaulted by the petitioner on many occasions. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife. The father of the complainant filed petition before the Human Rights Commission

Patna High Court Cr.Misc. No.15605 of 2017 (2) dt.18-04-2017 2/2 (Annexure-7) that she does not want to live with her husband, but from perusal of the order itself during the course of hearing the bail petition, the petitioner and his wife/complainant were called upon. The wife went along with the petitioner to live with him, but the petitioner assaulted his wife and pushed her down from the stair causing injury on different parts of her body. The order of learned Additional District & Sessions Judge 7th, Patna itself shows that the petitioner does not want to keep his wife on one pretext or the other.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T