Patna High CourtCR. MISC./36361/2015disposed

Manoj @ Mantu Mistri @ Mantu Mistry v. State Of Bihar And ANR

2015-08-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36361 of 2015 Arising Out of PS.Case No. -122 Year- 2007 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Manoj @ Mantu Mistri @ Mantu Mistry .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2015 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 Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner initially filed Cr. Misc. No. 30691 of 2010 with a prayer for anticipatory bail which was dismissed for default by a co-ordinate Bench of this Court vide order dated 21.03.2012, thereafter the petitioner filed restoration application vide Cr. Misc. No. 36402 of 2013 which was also dismissed vide order dated

Patna High Court Cr.Misc. No.36361 of 2015 (2) dt.10-08-2015 2/2 11.09.2013 and the said order finally affirmed by the Apex Court. In the background of aforesaid facts, this Court is not inclined to entertain the present application, however, let the learned court below consider prayer for regular bail of the petitioner if he surrenders within a period of six weeks keeping in view of the fact that earlier application of the petitioner was not dismissed on merits.

With the above observation, the application is disposed of in connection with Complaint Case No. 122C of 2007 pending in the court of learned SDJM, Sheikhpura.

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