Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19451 of 2019 Arising Out of PS. Case No.-886 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. ALAM Son of Abdul Rahman Resident of Village- Kewala Hazi Tola, P.S.- Pranpur, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saifun Nisha Wife of Md. Alam, D/o Md. Israil Resident of Village- Kewala, P.S.- Pranpur, District- Katihar.

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard the parties.

This application is for grant of anticipatory bail in connection with C.A.Case No.886 of 2018for the offences under Sections 341, 323, 498(A)/34 of the Indian Penal Code. Case is under Section 498(A) of the IPC and on appearance of O.P.No.2, the matter was referred to the Mediation and Reconciliation Centre, vide order dated 1.4.2019 as both the parties submitted that there is possibility of settlement through the mediation and provisional bail was granted to the petitioner, however, it appears that the petitioner has not appeared in the mediation due to that the meditation has failed. So far merit of this case is concerned, the complainant

Patna High Court CR. MISC. No.19451 of 2019(3) dt.01-07-2019 2/2 was married with the petitioner, however, after some time, the petitioner started demanding Rs.05 lac as dowry and also started assaulting her for that and lastly by snatching of the ornaments, she was ousted from the house. A panchayati was also held but the petitioner insisted on fulfilling demand of Rs.05 lac. Heard learned A.P.P.

In such view of the matter and conduct of the petitioner, I am not inclined to grant anticipatory bail to the petitioner, however, if he surrenders before the learned court below and make prayer for regular bail, it will be considered on its own merit without being prejudiced by the order of this Court.

With the above direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T