Patna High CourtCR. MISC./34909/2016disposed

Sandeep Yadav v. State Of Bihar And ANR

2016-08-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34909 of 2016 Arising Out of PS.Case No. -136 Year- 2015 Thana -COMPLAINT CASE District- BANKA ====================================================== Sandeep Yadav Son of Janardhan Yadav Resident of Village- Saupdhar, Police Station- Baunshi, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Parvati Devi Wife of Sandeep Yadav, Daughter of Naresh Yadav At Present resident of village- Hanshdiha, Police Station- Hanshdiha, District-Dumka ( Jharkhand) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498Aof the Indian Penal Code and 4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that the property has been partitioned and the complainant has got her share.

It appears from the impugned order that

Patna High Court Cr.Misc. No.34909 of 2016 (2) dt.29-08-2016 2/2 only summons have been issued. However, it is submitted by learned counsel for the petitioner that bailable warrant of arrest has been issued.

In view of the ratio laid down in the case of Salim Ansare alias Md. Salim Ansare and others Vs. The State of Bihar and Another reported in PLJR 2015(3) 806, this application is not maintainable.

Let the learned court below consider the prayer for bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 136 of 2015 pending in the court of learned Sub-divisional Judicial Magistrate, Banka. It is expected from the learned court below to dispose of the bail application of the petitioner preferably on the same day.

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