Patna High CourtCR. MISC./29608/2016disposed

Rajesh Sah @ Karu Sah v. State Of Bihar And ANR

2016-07-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29608 of 2016 Arising Out of PS.Case No. -2118 Year- 2012 Thana -COMPLAINT CASE District- BANKA ====================================================== Rajesh Sah @ Karu Sah, son of Jay Prakash Sah, resident of Mohalla Chaprasi Tola Godda, P.S. Godda, District Jharkhand .... .... Petitioner

Versus

1. The State of Bihar

2. Punam Devi, wife of Rajesh Sah @ Karu Sah, daughter of Ganesh Sah, at present resident of village Babudih, P.S. Barahat, District Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Md. Nurul Hoda For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the parties.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demands.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and gave birth to a female child. The petitioner is ready to keep the complainant with children with full dignity and honour. Statement to that effect has been made in paragraph 9 of this petition. Learned counsel for

Patna High Court Cr.Misc. No.29608 of 2016 (2) dt.21-07-2016 the petitioner further submits that summons have been issued against the petitioner.

In view of the aforesaid stand of the petitioner, this Court is not inclined to interfere with the anticipatory bail application of the petitioner.

Let the learned court below consider the prayer for regular bail of the petitioner in view of the ratio laid down by this Court in the case of Salim Ansare @ Md. Salim Ansare & ors. v. the State of Bihar & anr., reported in 2015(3) PLJR 806, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. C2118/2012 pending in the court of S.D.J.M., Banka. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U