Shivjee Sah @ Shivkumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49100 of 2014 Arising Out of PS.Case No. -1117 Year- 2011 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Shivjee Sah @ Shivkumar Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a compliant case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant but the complainant has performed second marriage with one Rupak Kumar @ Pintu Sah.

It is submitted by learned counsel appearing on behalf of Rupak Kumar @ Pintu Sah that he denies the factum of

Patna High Court Cr.Misc. No.49100 of 2014 (5) dt.30-06-2016 2/2 marriage with the complainant.

Considering the fact that earlier anticipatory bail application was permitted to be withdrawn on the prayer of counsel for the petitioner, this Court is not inclined to interfere. Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Complaint Case No. 117 of 2011 pending in the court of learned SDJM, Saharsa. Accordingly, the application is disposed of.

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