Md. Ansar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1830 of 2019 Arising Out of PS. Case No.-745 Year-2004 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Ansar, Male, aged about 75 years, son of late Mushraf, Resident of Village Srirampurdih, P.S. Lodipur, Dist. Bhagalpur. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Bibi Sitara, F, aged 70 years, wife of Md. Ansar, Resident of Village Chakdariya, P.S. Lodipur, Dist. Bhagalpur.

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Complaint Case No. 745 of 2004 registered for offences under sections 498A, 406, 120(B) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is 75 years old and divorce has already been given much earlier and already the proceeding under Section 82 and 83 of the Cr.P.C. has taken place.

In view of the above, it will not be desirable for this Court to exercise the power of anticipatory bail and grant

Patna High Court Cr.Misc. No.1830 of 2019(2) dt.15-01-2019 2/2 relief to the petitioner.

However, if the petitioner surrenders before the court below within a period of four weeks from today and prays for bail, the court below, on the same day of his appearance, will take a decision in accordance with law looking to the fact that the petitioner is 75 years old and the complainant, opposite party no.2, is 70 years old and the fact that the marriage has already been broken much earlier.

(Shivaji Pandey, J) rishi/- U T