Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60961 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== VIKASH KUMAR Son of Santlal Singh Resident of Village-Phulwariya, P.SMahua, District-Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pushpa Devi Wife of Vikash Kumar Resident of Village-Phulwariya, P.S.- Mahua, District-Vaishali at present D/o Late Sarjug Prasad Singh, R/villageTungi, P.S-Deepnagar, District-Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Madhura Nand Jha For O.P. No. 2 Mr. Binod Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nalanda Mahila P.S. Case no. 109 of 2019 instituted for the offence under Sections 498A, 323, 504, 506 and 494 of the Indian Penal Code.

This prosecution case relates to cruelty and harassment to the informant by her husband, namely, Vikas

Patna High Court CR. MISC. No.60961 of 2019(8) dt.30-11-2021 2/3 Kumar, petitioner herein and his family members due to nonfulfillment of further dowry demand by way of Rs. Five lakh. They finally ousted her from her matrimonial house after snatching her belongings.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He is ready to keep his wife with full honour and dignity.

It is apparent from the order dated 4.3.2020, that the Superintendent of Police, was directed to make an enquiry regarding another marriage. In response, S.P. Nalanda has submitted its report on 27.10.2021 from where it reveals that petitioner has performed total three marriages. His first wife died earlier. Then petitioner performed second marriage with the present complainant. Whereas, he performed third marriage with Nidhi Devi daughter of Satish Singh of village Fatikbara, P.S. Manhar, Dist.- Vaishali who blessed with a son out of their wedlock and presently she is residing with the petitioner. Learned APP appearing for the State as well as learned counsel appearing for the complainant have opposed the prayer for bail and have submitted that petitioner ahs performed third marriage with Nidhi Devi.

Patna High Court CR. MISC. No.60961 of 2019(8) dt.30-11-2021 3/3 Having heard learned counsel for the parties and taking into consideration that petitioner is polygamy, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U T