Patna High CourtCR. MISC./2257/2016disposed

Md. Azimuddin v. State Of Bihar And ANR

2016-01-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2257 of 2016 Arising Out of PS.Case No. -357 Year- 1997 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Azimuddin Son of Late Md. Yasin Resident of Village- Hasan Pur, P.s Araria, District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Nishat Begam W/o Md. Azimuddin ,D/o Kalimuddin Resident of Village- Kakorha, P.s Mahalgown, District Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nadimul Hasan, Advocate For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. Though, initially cognizance order was passed in 1997, but the same was challenged in 2003 in a Criminal Revision, when the order of issuance of process was stayed and finally the order of cognizance was passed in 2009.

Patna High Court Cr.Misc. No.2257 of 2016 (2) dt.14-01-2016 It is submitted by the learned counsel for the petitioner that petitioner is still ready to keep the complainant as wife with due dignity and honour. Though, statement to that effect has not been made in the petition.

Considering the complaint being filed in 1997, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 357C of 1997, pending in the court of learned Sub-Divisional Judicial Magistrate, Araria. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T