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Patna High CourtCR. MISC./8032/2018dismissed

Rajesh Yadav v. State Of Bihar And ANR

2018-05-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8032 of 2018 Arising Out of PS.Case No. -1468 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Rajesh Yadav, Son of Suresh Yadav, Resident of Village- Hanumatta, P.S. Bounsi, O.P. Bandhuwakura, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kapildeo Yadav, Son of Yogendra Yadav, Resident of VillageHanumatta, P.S. - Bounsi, O.P. Bandhuwakura, District- Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 1468 of 2014 instituted for the offence under Sections 448, 323, 366 and 380 of the Indian Penal Code. It is alleged in the complaint petition that this petitioner forcibly kidnapped the wife of the complainant and kept her in the house. The mother of the informant raised objection, then petitioner along with other accused persons assaulted the mother of the complainant. The informant learnt that this petitioner has performed marriage with his wife. Learned counsel for the petitioner has submitted that wife of the complainant and petitioner are married and they are

Patna High Court Cr.Misc. No.8032 of 2018 (3) dt.08-05-2018 2/2 living together.

From the complaint petition itself it is apparent that the victim Ranju Devi was married wife of the complainant. There is specific allegation against this petitioner that he kidnapped the wife of the complainant and kept her in the house and performed marriage.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T