Patna High CourtCR. MISC./47992/2016dismissed

Shrawan Das v. State Of Bihar And ANR

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47992 of 2016 Arising Out of PS.Case No. -1286 Year- 2015 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Shrawan Das Son of Jaini Das resident of Village- Milki, P.S. Rajaun, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sulekha Devi W/o Shravan Das R/o- Vill- Milki P.S.- Rajaun, DistBanka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh Opposite party no. 2 : Mr. Praveen Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is apprehending his arrest in connection with (Banka) Complaint Case No. 1286 of 2015, registered for offences punishable under Sections 498A 323, 379 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that there is no specific allegation against the petitioner, who is the husband of the girl and also the petitioner is still ready to keep the girl with full honour and dignity, however the girl is not ready to live with the petitioner.

Heard learned counsel for the State and learned counsel appearing on behalf of informant. They have opposed the prayer of bail by submitting that there is direct allegation against this

Patna High Court Cr.Misc. No.47992 of 2016 (4) dt.31-01-2017 2/2 petitioner for demand of dowry and on non fulfillment of the said demand, he used to torture the girl.

Having heard both sides, considering the facts and circumstances of the case, the nature of offence and also the fact that there is direct allegation against this petitioner of demand of dowry, I am not inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected. However, if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the court below on its own merit, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T