IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37155 of 2010
MD.BELAL @ MD.BELASH
Versus
STATE OF BIHAR & ANR
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02/ 25.11.2010 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Learned counsel for the petitioner submits that the petitioner
is ready to keep the complainant with full honour and dignity but the
complainant herself does not want to lead her conjugal life with the
petitioner and she is in habit of eloping from her matrimonial home.
It appears from perusal of complaint petition that earlier
Complaint Case no.143C/2003 was filed by the complainant against
petitioner and others but the aforesaid complaint case was ended with
compromise and the complainant started residing at her matrimonial
home. Furthermore, it appears that petitioner did not change his
behaviour and the complainant was again put into cruelty and
harassment on account of non-fulfilment of illegal demand and not
only this, this petitioner has solemnized second marriage with one
Jahana Khatoon. Although petitioner is ready to keep the complainant
with him but considering the factum of second marriage of the
petitioner, I do not think it proper to issue notice to the complainant
for reconciliation.
Accordingly, prayer for anticipatory bail of petitioner in
connection with Complaint Case no. 210C/2007 is rejected.
Petitioner is directed to surrender and seek regular bail
before the learned court below within 30 days from the date of
-2-
communication of the order and if he does so, the learned court below
shall consider regular bail application on its own merit without being
prejudiced by this rejection order.
shahid (Hemant Kumar Srivastava,J)