Patna High CourtCR. MISC./12981/2015dismissed

Md. Akhlaque Alam v. State Of Bihar And ANR

2015-07-30Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.12981 of 2015 (4) dt.30-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12981 of 2015 Arising Out of PS.Case No. -613 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Md. Akhlaque Alam S/o Md. Mustaque Alam Resident of Village Lalganj, P.S. Khaganchi Hat, District Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjari Khatoon d/o Md. Ashfaque Alam Resident of Village Harsua Maina Nagar, P.S. Pranpur, District Katihar.

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code.

The petitioner is the husband of the Opposite party No.2.

Learned counsel appearing on behalf of the petitioner has denied the very factum of the dispute between the petitioner and Opposite party no.2 and has submitted that Nikhanama on the basis of which the marriage is being alleged to have taken place

Patna High Court Cr.Misc. No.12981 of 2015 (4) dt.30-07-2015 was a forged document.

I am not inclined to grant privilege of anticipatory bail to the petitioner as this application arises out of a complaint case for the offences punishable under Section 498A of the Indian Penal Code where the petitioner has denied the marriage himself. This application for anticipatory bail is rejected. Petitioner is directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, learned Court below will be required to consider his application for regular bail on its own merit without being prejudiced by rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) ArunKumar/- U