Abujaid @ Md. Abujaid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3744 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- PATAHI District- East Champaran ====================================================== Abujaid @ Md. Abujaid, son of Rahamtullah @ Rahimullah, aged about 42 years, male, R/o Village- Mahammadpur, P.S.- Patahi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan(App 156) For the Informant :
Mr. Abhishek Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2019 This is an application for grant of anticipatory bail in connection with Patahi (Pathai) (Pachpakari) P.S. Case No. 196 of 2018, disclosing offences under Sections 341, 323, 324, 307, 354(B), 379, 313, 498A, 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Allegation against the petitioner, who happens to be the husband of daughter of the informant, is of demand of dowry and thereafter assaulted her by other co-accused persons. Submission of learned counsel for the petitioner is that he has already divorced his wife by deed of divorce and the allegation of assault is against other co-accused persons. Heard learned A.P.P. also.
Having heard both sides, in view of the facts and
Patna High Court Cr.Misc. No.3744 of 2019(3) dt.08-02-2019 2/2 circumstances of the case and as there is allegation of demand, torture against the petitioner and he happens to be the husband of daughter of the informant, I am not inclined to grant anticipatory bail to him, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T