Modi Bind v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25114 of 2018 Arising Out of PS.Case No. -297 Year- 2006 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================
1. Modi Bind S/o Bechan Bind, R/o Vill.- Kumarpur, P.S.- Sultanganj, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anita Devi D/o Rameshwar Bind, W/o Modi Bind, R/o Vill.- Kumarpur, P.S.- Sultanganj, District- Bhagalpur, At present- Bejalpur, P.S.- Kharagpur, District- Munger.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ambrish Kumar Jha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.297c/2006 registered for offences punishable under Sections 498/494 and 504 of the Indian Penal Code. Allegation against the petitioner is of demand of dowry and also torture to the informant, who appears to be wife of the petitioner and there is also allegation that he has performed second marriage.
Submission of the learned counsel for the petitioner is that he has not performed second marriage and he is still ready to keep her but the informant is mentally sick and she has always
Patna High Court Cr.Misc. No.25114 of 2018 (3) dt.09-05-2018 2/2 suspicion that he has affairs with the other lady. Heard learned A.P.P. also, who has opposed the prayer for bail stating that she made pairvi till 2009 itself, cognizance has been taken and prayer for bail of the petitioner was earlier ejected , thereafter he moved before the learned Sessions Judge, Munger and the same was also rejected, which shows the conduct of the petitioner.
Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below; apart from the other ground that he is ready to keep her and considering the same he will pass appropriate order without being prejudiced by the order of this Court, if possible on the same day.
With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T