Patna High CourtCR. MISC./11778/2017dismissed

Dharmendra Mali v. State Of Bihar And ANR

2017-03-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11778 of 2017 Arising Out of PS.Case No. -1355 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Dharmendra Mali, Son of Girishdeo Mali, resident of VillageMundipur, Mali Tola, P.S.- Bhagwanpur, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi, Wife of Dharmendra Mali, D/o Gorakh Prasad Mali, Resident of Bangra Ujjain, P.S.- Andar, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Shantanu Kumar For opposite party no. 2 : Mr. Ramadhir Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 The petitioner is apprehending his arrest in connection with Complaint Case No. 1355 of 2016, registered for offences punishable under Sections 323, 324, 498A, 406 and 504 Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation that has been levelled against the petitioner in this case is a false and concocted one. The petitioner is still ready to keep opposite party no. 2-complainant with full honour and dignity. Heard learned A.P.P. and learned counsel for the complainant-opposite party no. 2. Learned counsel for the complainant has submitted that the petitioner has already filed a

Patna High Court Cr.Misc. No.11778 of 2017 (2) dt.21-03-2017 2/2 divorce case in the concerned court, which itself shows the conduct of the petitioner and there is allegation against the petitioner of demand of dowry and torture.

Having heard both sides, considering the facts and circumstances of the case and also there is allegation against the petitioner of demand of dowry and torture, as such, I am not inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected.

However, if the petitioner surrenders before the court below and pray for regular bail, his application shall be considered by the court below on the merit of the case without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T