Patna High CourtCR. MISC./23772/2016disposed

Md. Reyaz Alam @ Md. Raju @ Raju v. The State Of Bihar

2016-09-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23772 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Reyaz Alam @ Md. Raju @ Raju S/o. Md. Sheikh Yunus resident of Village Mubarak Chak P.S. Muffasil District Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 01-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 328, 307, 504, 506, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. It is alleged that the informant's husband and the petitioner being the brother of the husband forcibly administered poisonous substance in the mouth of the informant.

It is submitted by learned counsel for the petitioner that on conclusion of the investigation the charge-

Patna High Court Cr.Misc. No.23772 of 2016 (4) dt.01-09-2016 2/2 sheet has not been submitted under Section 307 or 328 of the IPC rather it has been submitted under Section 498A of the Indian Penal Code and considering the same the husband of the informant has been granted custody bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 42052 of 2015. Mr. J. N. Thakur, learned counsel for the State, after going through the case diary does not controvert this fact that the charge-sheet has not been submitted under Section 498A of the Indian Penal Code.

In view of the above, 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 Munger Muffasil P.S. Case No. 121 of 2015 pending in the court of learned Chief Judicial Magistrate, Munger.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T