Patna High CourtCR. MISC./51137/2015disposed

Santosh Prasad @ Santosh Prsad And ORS. v. The State Of Bihar

2015-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51137 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -RASULPUR District- SARAN ======================================================

1. Santosh Prasad @ Santosh Prsad son of Late Sitaram Bind

2. Sunil Prasad son of Sitaram Bind

3. Mamta Devi wife of Santosh Prasad All residents of Village- Chaprathi, Police Station- Rasulpur, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Basant Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioner and the State. The petitioners being the brothers and brother's wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A and 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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

It appears that the learned Sessions Judge 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

Patna High Court Cr.Misc. No.51137 of 2015 (3) dt.07-12-2015 2/2

(3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons have been issued.

Let the learned court below consider the prayer for regular bail of the petitioners 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. 51075 of 2014) if they surrender within a period of six weeks in connection with Rasulpur P.S. Case No. 73 of 2015 pending in the court of learned CJM, Saran at Chapra. It is expected from the learned court below to dispose of the regular bail application of the petitioners preferably on the same day.

Accordingly, the application is disposed of.

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