Chandan Kumar @ Chandan Kumar Mandal vs State Of Bihar & Anr on 12 October, 2015

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Patna High Court - Orders

Chandan Kumar @ Chandan Kumar Mandal vs State Of Bihar & Anr on 12 October, 2015

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.48310 of 2015
                 Arising Out of PS.Case No. -1979 Year- 2013 Thana -BHAGALPUR COMPLAINT CASE District-
                                                         BHAGALPUR
                 ======================================================
                 Chandan Kumar @ Chandan Kumar Mandal
                                                                    .... .... Petitioner/s
                                                  Versus
                 State of Bihar & Anr
                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Praveen Kumar
                 For the Opposite Party/s   : Mr. Mukesh Kr.Singh(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                 ORAL ORDER

2   12-10-2015

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The complainant claims to have married with the complainant. The accusation is of torture for non-fulfilment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner denies the factum of marriage. The complainant happens to be the maternal sister of the petitioner. The marriage could not be performed as the complainant is within the prohibited degree relationship with the petitioner. Patna High Court Cr.Misc. No.48310 of 2015 (2) dt.12-10-2015 2/2

Issue notice to opposite party no.2 by ordinary post as well as by registered cover with A/D for which requisites must be filed within a period of two weeks failing which this application shall stand rejected without further reference to the Bench.

Let ordinary process of notice be served on opposite party no.2 through her lawyer appearing before learned court below through the office of the learned court below.

Put up this matter on 14th of March, 2016 at 4.15 PM in Chambers when it is expected that the petitioner and opposite party no.2 shall appear in person.

In the meantime, let no coercive steps be taken against the petitioner in connection with Complaint Case No. 1979 of 2013 pending in the court of learned SDJM, Bhagalpur.

(Dinesh Kumar Singh, J) Amrendra/-

 U           T

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Patna High Court - Orders