Manoj Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4525 of 2015 Arising Out of PS.Case No. -716 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ====================================================== Manoj Das, Son of Ram Kishun Das, resident of village - Mahuwatanr, Police Station - Debipur, District - Deoghar ( Jharkhand ) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi W/o Manoj Das, daughter of Shambhu Modi @ Shambhu Das resident of village - Mahuwatanr, Police Station - Debipur, District - Deoghar ( Jharkhand ), presently residing at Rita Devi d/o Shambhu Modi @ Shambhu Das, resident of village - Harnama, P.O. + Police Station - Jamui, District - Jamui .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Dubey, Advocate For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-02-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner apprehends his arrest for the offence punishable under Sections 498A, 494 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

It is submitted that the petitioner has no criminal antecedent.

This application stands disposed of with a liberty to the petitioner to move the learned Sub-Divisional Judicial Magistrate, Jamui in Complaint Case No. 716C/2012 who will pass the order in view of the direction given by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & Anr., reported in 2014(3) PLJR 314 (SC) on the same day.

It is made clear that the aforesaid decision is also applicable in a complaint case.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T