High Court Patna High Court - Orders

Pulekesh Kumar Singh Bablu vs State Of Bihar & Anr on 16 November, 2011

Patna High Court – Orders
Pulekesh Kumar Singh Bablu vs State Of Bihar & Anr on 16 November, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.29027 of 2009
Pulekesh Kumar Singh Bablu, Son of Kishore Kaushlendra Prasad Singh, Resident of Mohalla
Ramdayalu Nagar Lane, Road No. 6, (Sadoyra), PS Kazi Mohammadpur, District Muzaffarpur.
                                                                            ----- Petitioner
                                              Versus
   1. The State of Bihar.
   2. Anupma Kumari @ Gudiya (Wife of Pulekesh Kumar Singh), Daughter of Ganesh
       Sharma, Resident of Mohalla Baban Bigha, Kanhauli, PS Mithanpura, District
       Muzaffarpur. ------ Opposite Parties.
                                             -----------

9 16.11.2011 Heard learned counsel for the

petitioner and the counsel appearing on behalf

of the opposite party no. 2.

Both the parties have been living

together for the past two years. The main

problem, if any, between them is that the

complainant is not able to adjust in the

village with her husband. For the past two

years she has not made any complaint that her

husband ill-treats her in any manner. One of

the main reasons which have caused this dispute

between the parties is because of the case

pending between them. It has been submitted by

the petitioner that he has to visit the Court

every two months and infact the complainant

along with her father have given a statement

before charge during the pendency of this

application. Under these circumstances, it is

difficult to expect that any good feeling can

be restored between them as whatever little
2

headway is made by virtue of the fact that they

are living together in the same house, it is

destroyed by the fact that the father of the

complainant and the complainant have made

statements in Court against the husband.

Taking all these facts into

consideration, provisional bail granted to the

petitioner on 17.9.2009 in connection with

Complaint Case No. 1128 of 2008 is hereby

confirmed. The complainant is free to make a

decision either to live with her husband or to

go with her father and mother. In case she

goes with her husband, he should look after her

in the proper manner.

Sanjay                                         (Sheema Ali Khan, J.)