Patna High CourtCR. MISC./20840/2016disposed

Amarjeet Mahto v. State Of Bihar And ANR

2016-05-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20840 of 2016 Arising Out of Complaint Case No. -2322 Year- 2012 Thana -VAISALI COMPLAINT CASE District- VAISHALI(HAJIPUR) ====================================================== Amarjeet Mahto, son of Pradeep Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 120B of the Indian Penal Code.

Basic accusation is of torture.

It appears from the impugned order that earlier the petitioner was granted anticipatory bail, in the event of arrest or surrender within a period of one month, vide order dated 24.02.2014 in A.B.P. No.464/2013 by the learned court below but the petitioner could not surrender and preferred an application on 28.11.2015 for extending the period of surrender

Patna High Court Cr.Misc. No.20840 of 2016 (2) dt.10-05-2016 2/2 which was rejected.

Under the circumstances, this Court is not inclined to enlarge the petitioner on bail. But keeping in view of the fact that the petitioner was granted anticipatory bail, on merit, it is a case for consideration of prayer for regular bail. Le 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.2322/2012, pending before the learned CJM, Vaishali at Hajipur. With the above observation, this application is, accordingly, disposed off.

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