IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32261 of 2011
======================================================
Uday Kumar, S/O Munshi Mahto, R/O Village – Chandaul, P.S. Hilsa,
District – Nalanda
…. …. Petitioner/s
Versus
1. The State of Bihar
2. Anju Devi W/O Uday Kumar R/O Village – Chandaut, P.S. Hilsa, District
– Patna, At Present Anju Devi, D/O Awadh Mahto, Village – Bisai – Bigha,
P.S. Ekangar Sarai, District – Nalanda
…. …. Opposite Parties
======================================================
2 24-10-2011 Having heard the learned counsel for the petitioner,
learned counsel for the informant and learned Additional Counsel
for the State.
Petitioner apprehends his arrest in connection with
Complaint Case No. 404(C) of 2009 for the offences punishable
under Section 498A of the I.P.C. and Section 4 of the Dowry
Prohibition Act.
The Court is not convinced specially under the
circumstances that the petitioner has gone and entered into
matrimony a second time over while first marriage subsists. He
cannot be given the benefit of being enlarged on anticipatory bail.
Obviously, the petitioner has created the situation for lodging of
the case against him and his family members.
The petitioner is directed to surrender before the
lower court and pray for regular bail and the court may look at the
matter whether the allegation that the petitioner has married
second time is correct or incorrect before enlarging him on bail.
In view of above, the prayer for anticipatory bail is
rejected.
(Ajay Kumar Tripathi, J)
Bhardwaj/-