Md. Nasim Alam v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12460 of 2019 Arising Out of PS. Case No.-340 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Nasim Alam Son of Raji Ahmad Resident of Village- Ekaraha, P.S.- Jankinagar, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar And ANR Bihar 2.

Nagma Khatoon Daughter of Md. Jamal Resident of Village- Mazarahi Birnagar, P.S.- Bhargama, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 340(C) of 2018 registered under Section 498A of the Indian penal Code and 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of demand of Rs. 7 lacs and for that subjecting the complainant to torture. Submission of learned counsel for the petitioner is that petitioner has filed a case for restitution of conjugal right before the Principal Judge, Araria and after that present case has been lodged.

Heard learned APP also.

From perusal of the impugned order, it appears that in the

Patna High Court CR. MISC. No.12460 of 2019(2) dt.28-02-2019 2/2 court below, complainant was present and she was ready to go with her husband but the petitioner refused to keep her. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him. However, if petitioner is still ready to keep O.P.No. 2, he may take steps, which will be considered at the time when he files application for regular bail. Accordingly, this application stands dismissed. (Vinod Kumar Sinha, J) sujit/- U T