Dadan Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4528 of 2015 Arising Out of PS.Case No. -16 Year- 2010 Thana -AGIAUN District- BHOJPUR ====================================================== Dadan Prasad, son of Tajab Paswan, resident of village - Bambhawar, Police Station - Piro, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mani Devi, wife of Dadan Prasad, daughter of Kashiram resident of village - Amehta, Police Station - Agiaon Bazar, District - Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-02-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner apprehends his arrest in Agiaon Bazar P.S. Case No.16 of 2010 registered for the offence punishable under Sections 498A, 323, 504 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

It is submitted that after investigation, final form was submitted, but the learned Magistrate has taken cognizance under Sections 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. The petitioner has no criminal antecedent. This application stands disposed of with a liberty to the petitioner to move before the learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara/ court concerned who will pass the order in view of the direction given by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & Anr., reported in 2014(3) PLJR 314 (SC) on the same day.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T