Patna High CourtCR. MISC./964/2014rejected

Ajay Rai v. The State Of Bihar

2015-01-07Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.964 of 2014 (4) dt.07-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.964 of 2014 Arising Out of PS.Case No. -199 Year- 2013 Thana -MANER District- PATNA ======================================================

1. Ajay Rai Son Of Sri Bhubneshwar Rai Resident Of Village - Nilkanth Tola, Garaia Asthan, P.S.- Maner, District - Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Maner P.S. Case No. 199 of 2013 registered for the offences punishable under Sections 498A, 323, 504/34 of the Indian Penal Code.

Petitioner is the husband of the informant and allegedly, he tortured his wife, both physically and mentally, for non-fulfillment of demand of motorcycle, golden chain of two bhars and cash of Rs. 50,000/-. On 1.6.2013 she was badly assaulted by him and other family members with iron rod and danda resulting she was admitted to Ashutosh Memorial Hospital Bailey Road, Patna.

Patna High Court Cr.Misc. No.964 of 2014 (4) dt.07-01-2015 Submission is of false implication and further that the petitioner is working as labourer in Delhi from where he is sending the money in the account of informant standing in Punjab National Bank, at Goraia Asathan, Maner. The petitioner is still ready to keep his wife but even after issuance of notice and service thereof, she has not appeared before this Court also. Learned APP opposes the prayer of pre-arrest bail. The petitioner being the husband is having specific allegation of torture for realization of further demand of dowry, and as such this Court is not inclined to grant him privilege of prearrest bail. Accordingly, his prayer for pre-arrest bail is hereby rejected.

However, if so advised, the petitioner surrenders and prays for regular bail before the court below, the same shall be considered without being prejudiced of this order. (Jitendra Mohan Sharma, J) avin/- U T