Brajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41012 of 2018 Arising Out of PS.Case No. -142 Year- 2011 Thana -GAYA MUFFSIL District- GAYA ====================================================== Brajesh Kumar, s/o Sri Kameshwar Prasad, Permanent R/o MohallaJanakpur, P.S.- Mufassil, Distt.- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kaushalya Devi, W/o Mr. Krishna Prasad, R/o Mohalla- Mandraj Bighar, P.S.- Delha, Distt.- Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagadeo Choubey, Advocate. For the informant : Mr. Rajen Sahay, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-2 of the bail petition during course of the day.

Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Gaya Mofassil P.S. Case No. 142 of 2011 instituted for the offence under Sections 406, 420, 504, 427/34 of the Indian Penal Code, Sections 3 and 4 of Dowry Prohibition Act, 1961.

Learned counsel for the petitioner has submitted that anticipatory bail application of the petitioner was earlier dismissed as withdrawn by coordinate Bench of this Court vide order dated

Patna High Court Cr.Misc. No.41012 of 2018 (3) dt.18-07-2018 2/2 25.01.2012 passed in Cr. Misc. 44733 of 2011 with direction to surrender within fortnight and seek regular bail, but petitioner has not surrendered in the court below and again filed anticipatory bail application which was dismissed by order dated 07.08.2013 passed in Cr. Misc. 19415 of 2013. It has further been submitted that petitioner has taken third attempt to file anticipatory bail in this Hon'ble Court which was dismissed as withdrawn vide order dated 5.5.2014 passed in Cr. Misc. 15835 of 2013. Learned counsel for the informant has appeared and submitted that process under Section 82 Cr. P.C. has been issued against the petitioner.

Therefore, this Court is not inclined to entertain 4th anticipatory bail application of the petitioner. The application stands dismissed.

Petitioner is directed to surrender before the court below and seek regular bail which will be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T