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Patna High Court - Orders

Sunil Kumar Mishra @ Lal Jee Mishra vs State Of Bihar on 10 April, 2009

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.44480 of 2008
        SUNIL KUMAR MISHRA @ LAL JEE MISHRA, S/o Sheo Kumar Mishra,
               R/o Village - Hathilpur, P.S. - Brahampur, District - Buxar.
                                                              .....             Petitioner.
                                          Versus
        1. THE STATE OF BIHAR.
        2. SANDHYA DEVI @ NITA KUMARI, D/o Jyotindra Nath Tripathi, C/o Rajesh
           Tripathi, Nathuni Teli, Thana Road Mairwa, P.S. - Mairwa, District - Siwan.
                                                              ......              Opp. Parties.
                                         -----------

04/    10.04.2009

Heard learned counsel for the petitioner and O.P. No. 2.

Petitioner is not willing to resume matrimonial relationship with complaint. It is submitted on his behalf that prayer for grant of bail in the event of arrest in connection with a complaint case lodged for the offence under Sections 498A & 323 of the Penal Code be considered on merit.

Having heard counsel for the parties and having considered the allegations set out in the complaint petition, it is directed that petitioner should surrender in the court below within four weeks from today and apply for regular bail which should be considered in accordance with law without being prejudiced by the fact that this Court has not chosen to grant bail to the petititioner in the event of arrest.

This application is, accordingly, disposed of.

      DKS/                                                       (V.N. Sinha, J.)