Ramjee Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48555 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Ramjee Sah, son of Niranjan Sah, resident of Village Sarkatiya, P.S. Sangrampur, District Munger.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Niva Devi, Daughter of Govind Sah, resident of Makandpur Jhitti, P.S. Sangrampur District Munger.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-11-2016 Heard Sri Ajit Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, husband of the complainant/Opp.Party no.2, has prayed for grant of anticipatory bail in Complaint Case No.35C of 2016 registered for the offence under Sections 498A, 323 of the Indian Penal Code. In paragraph-13 of the petition, it has stated that after cognizance, the learned Magistrate has directed for issuance of summon and immediately thereafter in paragraph-14 of the petition, it has been stated that the petitioner is apprehending that he may be arrested. The Court is of the opinion that once summon was issued, there is no reason for apprehension of arrest and in

Patna High Court Cr.Misc. No.48555 of 2016 (2) dt.29-11-2016 2/2 absence of apprehension of arrest, there is no reason to entertain the anticipatory bail petition. However, if at the appropriate stage the petitioner apprehends his arrest, he would be at liberty to avail appropriate remedy.

The petition stands disposed of.

(Rakesh Kumar, J) NKS/- U T