Mantoo Bhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15268 of 2017 Arising Out of PS.Case No. -229 Year- 2012 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Mantoo Bhar Son of Rajendra Bhar Resident of Village- Dhanauti, P.S. Kateya, District-Gopalganj.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner apprehends his arrest in connection with Gopalganj Nagar P.S. Case No.229 of 2012 registered under Sections 323/406/498(A) of the Indian Penal Code as well as Sections 3/4 of the Dowry Prohibition Act.
There is allegation of torture relating to demand of dowry. The petitioner is the brother of the husband of the complainant.
Learned counsel for the petitioner submits that this petitioner and others except the husband of the complainant were granted anticipatory bail by the court below by order dated 20.12.2012, vide A.B.P. No.2045 of 2012 but, he could not surrender due to misconception. Then he filed a petition for
Patna High Court Cr.Misc. No.15268 of 2017 (2) dt.12-04-2017 2 / 2 extension of period of surrender which was refused. The petitioner was already granted anticipatory bail in the year 2012 by the court below, therefore, second anticipatory bail is not maintainable.
The petitioner is directed to surrender before the court below and pray for regular bail and the court below shall consider the prayer of the petitioner and to dispose of his regular bail petition preferably on the same day.
With the aforesaid direction and observation, this application stands disposed of.
(Arun Kumar, J.) Sanjay/- U T