Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1363 of 2016 Arising Out of PS.Case No. -416 Year- 2013 Thana -NAUBATPUR District- PATNA ======================================================

1. Brajesh Kumar Son of Sri Basudeo Prasad Singh Resident of Village - Rustamganj, P.S. - Naubatpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Pandey, Adv For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand Though the earlier application of the petitioner being Criminal Miscellaneous No. 39804 of 2014 was dismissed as withdrawn vide order dated 12.08.2015 passed by a co-ordinate bench of this Court, hence this Court is not inclined to interfere. It is submitted that the petitioner had filed Matrimonial Suit No. 863 of 2013 for divorce at earlier point of time. However the

Patna High Court Cr.Misc. No.1363 of 2016 (2) dt.11-01-2016 petitioner is still ready to keep the informant. The aforesaid facts constitute good ground for consideration of prayer for regular bail.

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 Naubatpur P.S. Case No. 416 of 2013 pending in the Court of learned A.C.J.M., Danapur. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Ranjan/- U