Patna High CourtCR. MISC./13038/2016disposed

Rajesh Kumar @ Rajan And ORS v. State Of Bihar And ANR

2016-03-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13038 of 2016 Arising Out of PS.Case No. -1435 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Rajesh Kumar @ Rajan son of Upendra Singh

2. Nause Kumar @ Nauso Kumar, son of Upendra Singh

3. Aruna Devi @ Runa Devi, wife of Upendra Singh

4. Priti Kumari, daughter of Upendra Singh

5. Upendra Singh, son of Late Alakhdeo Singh All resident of Village-Dudhauli, P.S.-Akbarpur, District-Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gudia Kumari, wife of Rakesh Kumar, resident of Village-Dudhaili, P.S.-Akbarpur, District-Nawada, at present daughter of Upendra Singh, resident of Village-Diaura, P.S.-Pakribarawan, DistrictNawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 Petitioners being parents, brothers and sister of the husband of the complainant are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 354 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that only summons have been issued against the petitioners.

In view of the ratio laid down in the case of

Patna High Court Cr.Misc. No.13038 of 2016 (2) dt.18-03-2016 2/2 Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015(3) PLJR, 806(Cr. Misc. No. 51075 of 2014), let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Complaint Case No. 1435 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate, No. III, Nawada. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T