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Patna High CourtCR. MISC./82366/2019rejected

Upender Singh @ Upendra Singh v. The State Of Bihar

2019-12-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82366 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== Upender Singh @ Upendra Singh, Male, Aged about 31 years, Son of Satrughan Singh, Resident of Village Badahpur, P.S. Mufassil, District Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2019 Heard both sides.

The petitioner apprehends his arrest in Mufassil P.S. Case No.299 of 2019, registered under Sections 341, 323, 498A, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the husband of the informant and the petitioner is ready to keep his wife and child.

Learned counsel for the informant as well as learned Additional Public Prosecutor submit that the petitioner has already solemnized second marriage and the petitioner got one child from his second wife. The informant submits that she has got every apprehension of being killed at the hands of the petitioner. The petitioner has not been keeping her since last 11 years.

Patna High Court CR. MISC. No.82366 of 2019(2) dt.12-12-2019 2/2 It appears that the petitioner, firstly, deserted his wife, the informant, immediately after she gave birth to a male child and remained missing but during that period, he solemnized second marriage and the petitioner also got a son from his second wife. Now the petitioner pretends to keep his first wife with all honour and dignity but the informant submits that it is not feasible for her to live with her husband. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T