Md. Shamsad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5716 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -PALASI District- ARRARIA ====================================================== Md. Shamsad, S/o - Mustafa. Resident of Village-Harwa, P.S.-Palasi, District-Araria.

.... .... Petitioner

Versus

1. The State of Bihar

2. Bibi Hina Parveen D/o - Md. Israil, W/o- Md. Mustafa, Resident of Village-Harwa, P.S.-Palasi, District-Araria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 208 of 2016, registered under Sections 498A, 341, 323 and 504 of the Indian Penal Code, pending in the court of the ACJM-III, Araria.

The accusation is of torturing of complainant/ informant by her husband due to non-fulfillment of demand of dowry and also to remove her from matrimonial house after snatching her personal belongings.

Learned counsel for the petitioner submits that the matter was referred to the Mediation Centre, Patna High Court, but the dispute between the petitioner and O.P No.2 could not be

Patna High Court Cr.Misc. No.5716 of 2017 (4) dt.02-08-2017 2/2 settled.

On the other hand, learned counsel appearing on behalf of O.P. No.2 submits that O.P No.2 is ready to live with the petitioner, but petitioner is not ready for the same. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T