Md. Mistar @ Mistar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11161 of 2019 Arising Out of PS. Case No.-609 Year-2016 Thana- COMPLAINT CASE District- Supaul ====================================================== MD. MISTAR @ MISTAR, Son of Md. Samsul, Resident of Mohalla - Chakla Nirmalli Supaul (ward no. - 06), P.S and Distt - Supaul. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rasida Khatoon, Wife of Md. Mistar, Daughter of Md. Latif Resident of Village - Sonak, P.S. and Distt - Supaul.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh For O.P. No.2 : Mr. Amrit Abhijat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 609c of 2016 lodged for the offences punishable under Sections 120B, 341, 323, 379, 498A, 494 and 504 of the Indian Penal Code.

Allegation against the petitioner is of subjecting opposite party No.2, wife to cruelty and torture with respect to demand of Rs.50,000/- and motorcycle and not providing her food and ousting her.

Submission of learned counsel for the petitioner is that petitioner has denied the marriage with the opposite party No.2 and submitted that whole allegation is false and concocted. Heard learned APP and learned counsel for opposite

Patna High Court CR. MISC. No.11161 of 2019(4) dt.03-05-2019 2/2 party No.2, who has filed a counter affidavit annexing Nikhanama between the petitioner and opposite party No.2 and that falsifies the stand of the petitioner.

In view of above facts and circumstances and also considering the conduct of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He should surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

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