Ashok Mehta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34885 of 2015 Arising Out of PS.Case No. -649 Year- 2004 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Ashok Mehta S/o Sh. Baijnath Mehta R/o Village - Aurahi, P.S. Gamharia, District - Madhepura, Bihar.

.... .... Petitioner/s

Versus

1. State of Bihar.

2. Kriti Devi D/o Khushi Lal Mehta (Husband - Ashok Mehta) Village - Lachmania, P.S. & Distt. - Supaul.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sri Niwas Jha For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 16-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 379, 498A, 504/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for non-

Patna High Court Cr.Misc. No.34885 of 2015 (04) dt.16-02-2016 2/3 fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant but submits that the petitioner filed Informatory Petition No. 325 of 2004 against the complainant and her family before learned CJM, Madhepura, father of the petitioner filed Complaint Case No. 940C of 2005 against the complainant and her family and petitioner has filed Matrimonial Suit No. 24 of 2015 with a prayer for dissolution of the marriage. It is further submitted that since the complainant has deserted the petitioner he has performed second marriage.

It is submitted by learned counsel for the complainant that the complainant has also performed second marriage and there are children from the second marriage. Considering the present status of the petitioner and the complainant, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 649C of 2004 pending in the court of learned Sub-divisional Judicial Magistrate, Supaul. It is expected from the learned court below to dispose of the bail application of the petitioner preferably on the same day.

Patna High Court Cr.Misc. No.34885 of 2015 (04) dt.16-02-2016 3/3 With the aforesaid observation, this application is disposed of.

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