Patna High CourtCR. MISC./12474/2017disposed

Mithlesh Kumar Gupta v. State Of Bihar And ANR

2017-03-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12474 of 2017 Arising Out of PS.Case No. -1664 Year- 2000 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mithlesh Kumar Gupta, son of Sri Ramchandar Sao, resident of VillageSaistabad, P.S.- Kako , District- Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. Surendra Kumar Gupta, son of Late Harilal Shah, resident of VillageBahpura, P.S.- Bihta , District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Complaint. Case No. 1664 (C) of 2000 lodged for the offences punishable under Sections 498A, 120B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that with respect to the same occurrence a case has been lodged by wife of the petitioner being Jakkanpur P.S.Case No. 128 of 2000 and in that case petitioner is on bail and trial is still pending and in complaint case process has been issued and petitioner has no knowledge about the issuance of process, as such, he could not appear and, as such, petitioner may be granted anticipatory bail

Patna High Court Cr.Misc. No.12474 of 2017 (2) dt.27-03-2017 2/2 with any condition that may be imposed by this Court. Heard learned APP also.

Having heard both sides and in view of the fact that process has been issued under Sections 82 and 83 Cr.P.C. against him, let petitioner appear before the court below and make submission as stated above and the learned court below will examine as to whether there was any proper service of summons and execution of warrant against the petitioner or not and pass an appropriate order, without being prejudiced by this order. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U