Suman Prakash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52950 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -SAHJAHANPUR District- PATNA ====================================================== Suman Prakash Choudhary S/o Madan Mohan Choudhary, R/o VillageMaksudpur, P.S.- Shahjahanpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.

The petitioner apprehends his arrest in Shahjahanpur P.S. Case No. 05/2014, registered for the offences punishable under Section 498A of the Indian Penal Code.

Mr. Dinesh Kumar learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 28.07.2015 passed in Cr. Misc. 18953/2015, but the petitioner could not surrender in the court below due to certain compelling circumstances. The matrimonial dispute is still pending in the Family Court, Patna. From perusal of the record, it appears that no fresh ground is brought on record to be considered for the prayer for anticipatory bail of the petitioner.

Patna High Court Cr.Misc. No.52950 of 2016 (2) dt.18-01-2017 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and prays for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order and dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) Vinita/- U T