Sanoj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.19779 of 2015 (2) dt.25-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19779 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Sanoj Kumar So Rajendra Prasad r/o Moh- Chhoti Pahari, P.S. Sohsarai, Distt. Nalanda .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Mr. Ataur Rahman (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is apprehending his arrest in connection with Sohsarai P.S. Case No.-157/14 u/s-498 (A), 341, 323, 504, 34 of the I.P.C. and Section 3⁄4 of D.P. Act. Allegedly, the informant has been tortured by the petitioner and others for non-fulfilment of demand of dowry. Earlier also case was registered that was compromised and again the petitioner being the husband tortured the informant and assaulted the informant for non-fulfilling the demand of Rs. 1,00000/- (Rupees One Lakh) and as per order given by the brother of the petitioner the petitioner assaulted her and Gotini pressed her neck but due to alarm being raised the Mohalla

Patna High Court Cr.Misc. No.19779 of 2015 (2) dt.25-06-2015 people came and the informant was saved.

Submission is of false implication and that as a matter of fact, the informant does not want to live with the petitioner. Though the petitioner is ready to keep her with full dignity and honour. Earlier also the petitioner has compromised the case and kept her with full dignity and honour but she again filed this case only with a view to harass the petitioner. The learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the petitioner is habitual in assaulting and torturing his wife.

Considering the allegation attributed against the petitioner, this Court is not persuaded to allow the prayer for pre-arrest bail to him, but in case the petitioner surrenders and seeks regular bail then the regular bail application of the petitioner be disposed of on its own merit without being prejudice of this order and accordingly, this criminal miscellaneous is, hereby, disposed of.

(Jitendra Mohan Sharma, J.) Kamlesh/- U T