Patna High CourtCR. MISC./16845/2017dismissed

Md. Hajrat v. State Of Bihar And ANR

2017-04-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16845 of 2017 Arising Out of PS.Case No. -716 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Md. Hajrat, S/o Murtuj Mian, R/o Village- Bharphori, P.S.- Andhramath, District- Madhubani (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Ayesa Khatoon, W/o Md. Hajrat, R/o Village- Bharphori, P.S.- Andhramath, District- Madhubani (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with C.R. No. 716 of 2013, corresponding to T.R.No. 2639 of 2015, lodged for the offences punishable under Sections 498A and 406/34 of the Indian Penal Code.

Allegation against the petitioner is of cruelty and torture to his wife and further allegation is that he has solemnized second marriage and after marriage he has demanded Rs.50,000/- from opposite party No.2 and for non-fulfilment of demand she has been assaulted also.

It has been submitted on behalf of the petitioner that allegations are false and fabricated and he has falsely been

Patna High Court Cr.Misc. No.16845 of 2017 (2) dt.18-04-2017 2/2 implicated in this case.

Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides and in view of the allegation and considering the fact that petitioner has solemnized second marriage also, I am not inclined to grant anticipatory bail to the petitioner, rather petitioner should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U