Ajay Kumar Sahni v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21816 of 2016 ====================================================== Ajay Kumar Sahni S/O- Sukul Sahni Resident of village- Khir Korbadha, P.S.- Samastipur, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ujala Kumari W/o Ajay Kumar Sahni D/o Shiv Kumar Sahni, resident of village- Hayaghat west Bilaspur Maharanitole, P.S.- Hayaghat, DistrictDarbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2016 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 Sections 341, 323 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her with dignity and honour, statement to that effect has been made in para 7 of the petition which reads as follows:- "That it is humbly submitted that the petitioner is ready to keep the complainant with full decency and dignity as per his capacity."

Patna High Court Cr.Misc. No.21816 of 2016 (2) dt.17-05-2016 2/2 Similar was the stand of the petitioner before the learned court below but the offer of the petitioner was not accepted by the informant due to past conduct of the petitioner. It appears that the present FIR was registered on 10.05.2013 but the anticipatory bail application was preferred before the learned Sessions Judge in the year 2015 when the learned Sessions Judge rejected the bail application on 26.05.2016 and the present application has been filed before this court on 14.05.2016 which reflects the manner in which the petitioner is pursuing his remedy of anticipatory bail.

In view of the present stand of the petitioner, it is a case for consideration of regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if he surrenders within a period of six weeks in connection with Hayaghat P.S. Case No. 49 of 2013 pending in the court of learned SDJM, Darbhanga. Accordingly, the application is disposed of.

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