Patna High CourtCR. MISC./42019/2014rejected

Md. Ali @ Kale v. State Of Bihar And ANR

2015-03-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42019 of 2014 Arising Out of PS.Case No. -1846 Year- 2011 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Md. Ali @ Kale .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

The petitioner is the husband of the opposite party No. 2 and seeks anticipatory bail in a case registered for the offence punishable under Sections 498(A), 379 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that he is ready to keep the informant, opposite party No. 2, with full dignity and love.

Learned counsel appearing on behalf of the opposite party No. 2 on the other hand has submitted that petitioner has solemnized second marriage as her family members could not satisfy his demands of dowry. He further submits that in a

Patna High Court Cr.Misc. No.42019 of 2014 (2) dt.04-03-2015 P2/2 maintenance case, the petitioner was directed to pay a sum of rupees two thousand per month even that amount is not being paid.

In view of the above, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application is accordingly rejected.

This petitioner is directed to surrender before the Court below within a period of four weeks from today. He will be at liberty to seek regular bail which shall be decided on its own merits without being prejudiced by the disposal of the present application.

(Chakradhari Sharan Singh, J.) Saif/- U T