Sheo Shakti Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Sheo Shakti Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Smt. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case filed with accusation for the offences punishable under Sections 498A, 323 and 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfilment of the dowry demand.

It appears that the learned Sessions Judge disposed of the anticipatory bail application of the petitioner in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015

(3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons were issued.

In the circumstance, let the learned court below consider

Patna High Court Cr.Misc. No.76 of 2016 (2) dt.11-01-2016 the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Complaint Case No. 109 of 2015 pending in the court of learned SDJM, Daudnagar, Aurangabad keeping in view of the abovementioned ratio. It is expected from the learned court below to dispose of the regular bail application of the petitioner preferably on the same day.

Accordingly, the application is disposed of.

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