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Patna High CourtCR. MISC./76988/2019disposed

Ajay Kumar v. The State Of Bihar

2020-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76988 of 2019 Arising Out of PS. Case No.-1645 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== AJAY KUMAR S/o Vishnudeo Singh R/o village- Surgahiya, P.S.- Parihar, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gita Devi W/o Ajay Kumar, D/o Ramshrestha Bhagat Village- Loknathpur, P.S.- Bajpatti, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C-1/1645/18 instituted for the offences punishable under Sections 498A and 494 of the Indian Penal Code.

As per complaint case, petitioner happens to be husband of the complainant and there is allegation that he subjected her wife to torture and cruelty and she has daughter also and there is allegation that he married another lady. Submission of learned counsel for the petitioner is that the complainant is not wife of the petitioner, rather she is wife of one Jai Krishna Kumar, who died earlier and she is aunt of the petitioner.

Patna High Court CR. MISC. No.76988 of 2019(2) dt.20-01-2020 2/2 Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail stating that she had a daughter from the petitioner. In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender and produce the family list of the entire family showing that the complainant is not his wife, rather she is wife of Jai Krishna Kumar and learned court below while considering bail application will consider this aspect of the matter and dispose of the bail application of the petitioner on the same day.

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