Daya Shankar Choudhary v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27618 of 2019 Arising Out of PS. Case No.-1537 Year-2014 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== DAYA SHANKAR CHOUDHARY Son of Mohan Lal Choudhary Resident of Village - Chatara, P.S.- Kopa, Distt.- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Puja Devi @ Kumari Puja Wife of Daya Shankar Choudhary, Resident of Village - and P.O. - Chatri, P.S.- Kopa, Distt.- Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act.
It is submitted by learned counsel for the petitioner that as per the direction of this Court passed in Cr. Misc. No.12339 of 2015, he surrendered before the learned lower Court and was granted provisional bail. He is always ready to keep the complainant with him with full honour and dignity but on giving notice to the complainant she did not turn up before
Patna High Court CR. MISC. No.27618 of 2019(3) dt.30-07-2019 2/2 the learned lower Court. The learned lower Court on 15.09.2018 rejecting the discharge petition of the petitioner has not confirmed the provisional bail granted by this Court. However, during the course of argument, learned counsel for the petitioner seeks permission to withdraw this bail petition with liberty to file a regular bail petition before the learned lower Court.
Permission is granted.
Accordingly, this application, arising out of Complaint Case No.1537 of 2014 pending before the S.D.J.M., Saran at Chapra, is dismissed as withdrawn.
However, the learned lower Court is directed to pass order in accordance with law without being prejudiced with this order on the very date of surrender by the petitioner. (Prakash Chandra Jaiswal, J) Trivedi/- U T