Patna High CourtCR. MISC./45065/2016disposed

Naresh Sao v. State Of Bihar And ANR

2016-10-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45065 of 2016 Arising Out of Complaint Case No. -264 Year- 2007 Thana -NAWADAH COMPLAINT CASE District- NAWADA ====================================================== Naresh Sao, son of late Dalchandra Sao, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Sri Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-10-2016 Heard learned counsels for the petitioner and the State. 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, 379 and 504 of the Indian Penal Code.

Basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and birth of three children. The petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition which reads as follows:- "That it is submitted that the petitioner being husband

Patna High Court Cr.Misc. No.45065 of 2016 (2) dt.19-10-2016 2/2 want to keep with full dignity and honour."

Keeping in view of the fact that the complaint was filed in 2007 when the present anticipatory bail application was filed on 17.10.2016 coupled with the fact that the petitioner has performed second marriage, let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Complaint Case No.264/2007, pending before the learned CJM, Nawada.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T