Patna High CourtCR. MISC./20229/2016disposed

Phool Prakash Sharma v. State Of Bihar And ANR

2016-05-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20229 of 2016 Arising Out of PS.Case No. -1611 Year- 2001 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Phool Prakash Sharma, s/o Late Ram Swaroop Sharma, R/o villageItahari, P.S.- Rasulpur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Taramuni Devi W/o Phool Prakash Sharma, r/o Village- Bagoura, P.S.- Darounda, District- Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A, 506 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour though statement to that effect has not been mentioned in the petition.

Considering the fact that complaint was filed in 2001 and the order of cognizance was passed in 2005, this Court is not inclined to grant privilege of anticipatory bail to the

Patna High Court Cr.Misc. No.20229 of 2016 (2) dt.06-05-2016 2/2 petitioner. However, keeping in view of the fact that petitioner is ready to keep the complainant as wife with full dignity and honour, let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Trial No. 1347 of 2015, arising out of Complaint Case No. 1611 of 2001, pending in the Court of learned Judicial Magistrate, 1st Class, Saran at Chapra.

With the observations above, the application stands disposed off.

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