Patna High CourtCR. MISC./47046/2016dismissed

Santosh Sharma @ Santosh Kumar Sharma v. State Of Bihar And ANR

2017-04-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47046 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -BABUBARHI District- MADHUBANI ====================================================== Santosh Sharma @ Santosh Kumar Sharma, S/o Suraj Sharma, Resident of Village- Murhaddi, Barki Tol, Ward No.5, P.S.- Babu Barhi, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi, W/o Santosh Kumar Sharma, D/o Laxmi Thakur, Resident of Village- Kishadh, P.S.- Jainagar, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate. For the Opposite Party/s : Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Babu Barhi P.S. Case No. 180 of 2015 instituted for the offence under Sections 341, 379, 598A, 504/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Petitioner is the husband of the informant.

The counsel for the opposite party No. 2 has appeared and submitted that she is ready to live with the petitioner. It has been submitted on behalf of the petitioner that he is not ready to live with his wife i.e. opposite party No. 2. From the order of learned Sessions Judge it appears that the petitioner did not appear before the court below.

Patna High Court Cr.Misc. No.47046 of 2016 (8) dt.28-04-2017 2/2 In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

Learned counsel for the petitioner has submitted that he is ready for one time settlement. In such circumstances, he is directed to file a petition before the court below which shall be considered by the court below on its own merit. (Sanjay Priya, J) S.Ali/- U T