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Patna High CourtCR. MISC./66803/2019dismissed

Mukesh Mandal v. The State Of Bihar

2019-10-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66803 of 2019 Arising Out of PS. Case No.-1550 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MUKESH MANDAL S/o Indradeo Mandal R/o village- Simana, Chataiya, P.S.- Ekchari, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rupa Devi D/o Late Sudhir Ludhiyasan Resident of Sakari, P.S.- Sahebganj, District- Sahebganj (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1550 of 2016 registered for offences punishable under Sections 498A, 494 of the Indian Penal Code and Section 4 of the D.P.Act..

As per FIR, there is allegation against the petitioner of solemnizing second marriage though the complainant is wife of the petitioner and one child is from the petitioner and also allegation is of not maintaining her.

Submission of the learned counsel for the petitioner is of false implication .

Heard learned A.P.P. , who has drawn my attention

Patna High Court CR. MISC. No.66803 of 2019(3) dt.23-10-2019 2/2 towards the impugend order from which it appears that reconciliation was made but the petitioner is not ready to keep her..

Having heard both sides as in view of allegation as well as 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 by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T