Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76181 of 2019 Arising Out of PS. Case No.-1786 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ARJUN KUMAR Son of Devendra Prasad Resident of Village-Khemaipatti, P.S-Minapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Chandrakala Kumari Daughter of Dashrath Bhagat Resident of VillageMahammadpur Majhauliya, P.S.-Rajepur, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh for the O.P. No. 2 :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Abhishek Kumar, the learned counsel for the petitioner and Mr. Sanjay Kumar, the learned counsel for the complainant / opposite party no. 2. The State is represented by the learned APP.

The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Complaint Case No. C-1786 of 2018 in which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

By order dated 25.11.2019, the petitioner was

Patna High Court CR. MISC. No.76181 of 2019(5) dt.06-12-2021 2/2 granted interim protection.

However, during the pendency of this petition, the petitioner has re-married somebody else. This fact has been stated by the learned counsel for the opposite party no. 2. A further objection has been raised by the O.P. No. 2 that the statement made in paragraph -3 of the bail petition regarding his criminal antecedents is also not correct. However, taking into account the fact that the petitioner has solemnized another marriage during the subsistence of his marriage with opposite party no. 2, I am not inclined to grant anticipatory bail to him. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, it shall be considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) sunilkumar/- U T