Niranjan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39573 of 2016 Arising Out of PS.Case No. -960 Year- 2014 Thana -COMPLAINT CASE District- JAMUI ====================================================== Niranjan Kumar son of Sri Parmeshwar Das.
.... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition.
The petitioner being the husband of the complainant is apprehending 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 and 504 of the Indian Penal Code and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of the dowry demand.
It appears from the impugned order that learned Sessions Judge has disposed of the anticipatory bail application of the petitioner in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015 (3) PLJR, 806 (Cr. Misc. No.
Patna High Court Cr.Misc. No.39573 of 2016 (2) dt.14-09-2016 2/2 51075 of 2014) since only the summons were issued. This fact has not been dispute by learned counsel for the petitioner that only summons have been issued. In the circumstances, let the learned court below consider the prayer for bail of the petitioner if he surrenders within a period of six weeks in connection with Complaint Case No. 960C of 2014 pending in the court of learned SDJM, Jamui. It is expected from the learned court below to dispose of the bail application of the petitioner preferably on the same day.
Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Amrendra/- U T