Amir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2337 of 2019 Arising Out of PS. Case No.-12 Year-2018 Thana- SARAI District- Vaishali ====================================================== Amir Khan Moin khan resident of village-Kabilpur, P.S.- Sarai, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2019 This application, for grant of anticipatory bail, arises out of Sarai P.S. Case No. 12/2018, disclosing offences under Sections 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry of Rs. Two Lakh and motorcycle and it further appears from the impugned order that in spite of notice to the petitioner to appear in the reconcilliation, he has not appeared before the learned Sessions Judge.

Submission of learned counsel for the petitioner is that out and out false and concocted case has been filed by the informant and the petitioner has never demanded any dowry or

Patna High Court Cr.Misc. No.2337 of 2019(2) dt.17-01-2019 2/2 tortured the informant and the informant left her matrimonial house out of her own will and does not want to live with the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case as well as the conduct of the petitioner, I am not inclined to grant him the privilege of anticipatory bail rather he should surrender and pray for regular bail and the court below after considering the facts and circumstances of the case and also if the petitioner is ready to keep the informant with himself with full honour and dignity as a wife, he shall pass an appropriate order, without being prejudiced by the order of this Court.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T