Niraj Kumar @ Niraj Kumar Gupta And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14693 of 2016 Arising Out of PS.Case No. -927 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================
1. Niraj Kumar @ Niraj Kumar Gupta Son of Rajendra Prasad Gupta
2. Asha Devi W/o Mahendra Kumar@Mahendra Kumar Gupta Both are resident of Mohalla- Panchayatti Akhada PS Gaya, District Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Poonam Devi Wife of Niraj Kumar at Present resident of Mohalla- Raja Bagicha Po & PS- Raffiganj, District Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that summons have been issued. It is further submitted that till date only bailable warrant has been issued. Considering the fact that summons have been issued, let learned Court below consider the prayer for regular bail of the petitioner, keeping in view of the ratio laid down in the case of Salim Ansari @ Md. Salim Ansari & Ors
Patna High Court Cr.Misc. No.14693 of 2016 (3) dt.12-04-2016 2/2 versus State of Bihar & Ors reported in 2015(3) BLJ(PHC24), if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 927 of 2015, pending in the Court of learned Chief Judicial Magistrate, Aurangabad. It is expected from the learned Court below to dispose of the application preferably on the same day.
Accordingly the application is disposed of.
(Dinesh Kumar Singh, J) Shageer/- U T