Patna High CourtCR. MISC./38960/2016disposed

Arjun Sah v. State Of Bihar And ANR

2016-09-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38960 of 2016 Arising Out of Complaint Case No. -199 Year- 2008 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Arjun Sah son of Harikishun Sah .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Asha Devi daughter of Panna Lal Sah .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and he is ready to keep her as wife with full dignity and honour. A statement to that effect has been made in paragraph no.10 of the petition, which reads as under :- "That, be that as it may, the petitioner has no grievance against his wife, and he, however, undertakes before

Patna High Court Cr.Misc. No.38960 of 2016 (2) dt.07-09-2016 2/2 the Hon'ble Court to keep his wife with full dignity and honour, respect and comfort, safety and security."

Considering the fact that the complaint was filed in 2008, this Court is not inclined to grant the anticipatory bail to the petitioner, but keeping in view of the present stand of the petitioner, it is a case for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Trial No.472/2015 arising out of Complaint Case No.C-199 of 2008, pending before the learned CJM, Motihari at East Champaran. With the above observation, this application is, accordingly, disposed off.

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