Patna High CourtCR. MISC./31271/2016disposed

Md. Navi Hasan v. State Of Bihar And ANR

2016-07-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31271 of 2016 Arising Out of PS.Case No. -812 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Md. Navi Hasan, S/o Md. Nazir, resident of village-Itwa, Police StationRaghopur, District- Supaul .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 379, 498A, 307, 354, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The basis accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para-10 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.31271 of 2016 (2) dt.27-07-2016 "That the petitioner is being a husband of the complainant always ready to keep her with full respect and dignity."

It appears from the impugned order that only summons has been issued. Though, no statement to that effect has been made in the petition.

Let the learned court below consider the prayer for regular bail of the petitioner in view of the ratio laid down in the case of Salim Ansare alias Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in PLJR 2015(3) 806, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 812C of 2015, pending in the court of learned Sub-Divisional Judicial Magistrate, Supaul. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T