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Patna High CourtCR. MISC./28818/2017rejected

Aditya Narain v. State Of Bihar And ANR

2017-07-01Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28818 of 2017 Arising Out of PS.Case No. -416 Year- 2015 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Aditya Narain Son of Amrendra Kumar, Resident of Village Jhunathi, P.S. Kinjer, District Arwal, Presently Resident of New Mohalla Hindustan Medical Hall Ke Pichhe, Narainbigha, P.S. & District Jahanabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. Priya Kumari , W/o Aditya Narain , Resident of Village Jhunathi, P.S. Kinjer District Arawal presently Village Usari Chakia P.S. Mehandiya, District Arawal.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner apprehends his arrest in connection with Complaint Case No.416 of 2015 registered under Sections 323 and 498(A) of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act.

Allegation against the petitioner-husband is of torturing and ousting the complainant from her matrimonial home due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife and it is the wife who does not want to live with the husband.

Patna High Court Cr.Misc. No.28818 of 2017 (2) dt.01-07-2017 2 / 2 Learned counsel for the complainant submits that the impugned rejection order itself shows that this petitioner himself admits that he has already solemnized second marriage with another woman and also not obeying the order of the Principal Judge, Family Court, Jehanabad by not paying maintenance amount to his wife as directed by the court.

Having considered the said facts and circumstance, prayer for anticipatory bail of the petitioner is rejected in connection with Complaint Case No.416 of 2015, pending in the court of the learned Chief Judicial Magistrate, Jehanabad. However, if the petitioner surrenders and seeks regular bail, the same shall be considered on merit.

(Arun Kumar, J.) S.Kumar/- U T