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Patna High CourtCR. MISC./30974/2016disposed

Bhushan Sao v. State Of Bihar And ANR

2016-07-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30974 of 2016 Arising Out of PS.Case No. -439 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Bhushan Sao, S/o Late Bhola Sao, resident of village- Rupaspur, P.S.- Harnaut, District- Nalanda .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the father of 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 Sections 498A and 494 of the Indian Penal Code. The basic accusation is of torture and performance of second marriage by the husband of the complainant. It is alleged against the petitioner that petitioner use to made an attempt to outrage the modesty of the complainant. It is submitted by the learned counsel for the petitioner that prima facie case under Section 354 has not been made out against the petitioner and cognizance has been taken under Sections 498A and 494 of the Indian

Patna High Court Cr.Misc. No.30974 of 2016 (2) dt.26-07-2016 Penal Code. The thrust of accusation is against husband of the complainant.

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 Complain Case No. 439C of 2015, pending in the court of learned Sub-Divisional Judicial Magistrate, Barh.

With the above observation this application is disposed of.

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