Dismissed
Sikesh Yadav Alias Sikesh Kumar Yadav v. the State of Jharkhand
Jharkhand HCA.B.A./2197/2022
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HIGH COURT OF JHARKHAND AT RANCHI A . B. A .…
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HIGH COURT OF JHARKHAND AT RANCHI A . B. A .…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2197 of 2022
Sikesh Yadav @ Sikesh Kumar Yadav .... .. ... Petitioner(s) Versus 1.The State of Jharkhand. 2.Punam Devi .. ... ...Opp. Party(s) ...........
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
......... For the Petitioner : Mr. A. K. Chaturvedy, Advocate For the State : Mr. Shailesh Kumar Sinha, APP For the Informant : Mr. Sarvendra Kumar, Advocate
05/ 16.08.2022 . Apprehending his arrest, petitioner above-named has moved this Court for
grant of privilege of anticipatory bail in connection with Mahila P. S. Case No.21 of 2021 for the offence registered under Sections 323, 494, 498A/ 34 of the Indian Penal Code and Sections 3 /4 of the D. P. Act.
Heard the parties.
It is submitted by learned counsel for the petitioner that as per the First Information Report, the petitioner had gone to Punjab to earn his livelihood and only after returning, he performed his second marriage. It is further submitted that even if the same is accepted to be true, the same is bailable in nature under Section 494 IPC. The other allegations are only added to make the offence serious in nature.
Learned APP for the State assisted by learned counsel for the informant has vehemently opposed the prayer. It is submitted that after the marriage, one child was blessed and thereafter the victim-girl was ousted from her matrimonial home and the petitioner has also solemnized the second marriage.
Petitioner is the husband and there is direct allegation that he not only assaulted and subjected the victim to cruelty, but also ousted her from matrimonial home and performed second wife by deserting his young wife, as such, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail is hereby rejected. Petitioner is directed to surrender before the Court below within two weeks.
Sandeep/ ( Gautam Kumar Choudhary, J. )
2 provisions across 1 enactments
Sikesh Yadav @ Sikesh Kumar Yadav
The State of Jharkhand
Punam Devi
Gautam Kumar Choudhary
As recorded by the court registry
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