Patna High CourtCR. MISC./32058/2016disposed

Badarud Doza @ Bablu @ Badru Duja v. State Of Bihar And ANR

2016-08-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32058 of 2016 Arising Out of PS.Case No. -224 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Badarud Doza @ Bablu @ Badru Duja S/o Hadi Hussain R/o VillageRamauli, P.S. Patepur, District- Vaishali .... .... Petitioner

Versus

1. The State of Bihar

2. Shahina Pravin W/o Badarul Doza @Bablu ,D/o lal Babu At Present R/o Village- Chapaith, P.S Gorual, (Kateshara O.P) District Vaishali./ .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Smt Pushpa Sinha, APP For O.P.No.2 : Mr. Niraj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A, 323 of the Indian Penal Code.

The basic accusation is of torture for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep the complainant with full dignity and honour. Statement to that effect has been made in paragraph 6 of the

Patna High Court Cr.Misc. No.32058 of 2016 (3) dt.09-08-2016 petition. It is further submitted that non-bailable warrant of arrest has not been issued against the petitioner.

Under the circumstances, let the learned court below consider the prayer for regular bail of the petitioner in view of ratio laid down by this Court in the case of Salim Ansare @ Md. Salim Ansare & ors. v. the State of Bihar & anr., reported in 2015(3) PLJR 806, if the petitioner surrenders within a period of six weeks in connection with C1-224/2016 pending in the court of Judicial Magistrate, 1st Class, Vaishali at Hajipur. With the above observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U