Md. Nasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15237 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- MAHILA PS District- Darbhanga ====================================================== MD. NASIM Son of Late Ali Hasim Resident of Village- Bargaun, P.S.- Jamlapur, District- Dharbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shahnawaz Ali, Adv.
For the Opposite Party/s :
Mr. Ram Bachan Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 78 of 2018 for the offence punishable under Sections 498(A), 323, 379 and 34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be husband of the complainant and he is ready to keep the informant with full honour and dignity. Statement to that effect has been made in paragraph-8 to the petition. The informant does not want to reside with the
Patna High Court CR. MISC. No.15237 of 2019(3) dt.01-05-2019 2/2 petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.
Learned counsel appearing for O.P. No.2 has opposed the submission of learned counsel for the petitioner and submitted that the petitioner is husband and there is direct allegation of demand of dowry and non fulfillment of the same the complainant was subjected to assault and torture and she was ousted from her matrimonial house. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail of this petitioner is hereby rejected. (Arvind Srivastava, J) brajesh/- U T