Md. Murad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22450 of 2022 Arising Out of PS. Case No.-492 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MD. MURAD ALI Son of Md. Samsuddin Resident of Village - Bara Khurshida, Police Station - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Sr. Advocate Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP For the informant :
Mr. Uday Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-02-2023 Heard Mr. Ajay Kumar Thakur, learned Senior Counsel for the petitioner duly assisted by Ms. Vaishnavi Singh, Mr. Uday Prasad, learned counsel for the informant and Mr. Jitendra Kumar Singh learned counsel for the State. The petitioner apprehends his arrest in connection with Sahebganj P.S. Case No.492 of 2020 instituted under Sections 498A, 342, 341, 447, 307/34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act.
As per the prosecution story, the lady has lodged the case narrating that on the pretext of marriage, the petitioner made physical relationship with him for which she lodged Sahebganj P.S. Case No.429 of 2019 in which he gave in writing that he will keep her properly and accordingly came out of jail
Patna High Court CR. MISC. No.22450 of 2022(3) dt.02-02-2023 2/2 but again she was tortured and forced her to leave the home. Unable to bear the said torture, she jumped in the river, was rescued by the villagers whereafter the present case. The submission of the learned Senior Counsel is that the time of the treatment and the FIR are the same and as such one person cannot remain at two place at the same time. Further, the narrative of jumping in the river also does not have any supportive evidence.
Be that as it may, the allegation against the petitioner is very grave. Earlier, he made physical relationship which led to Sahebganj P.S. Case No.429 of 2019, made promise to keep her properly, came out of jail and thereafter tortured forcing her to allegedly jump in the river.
Certainly this is not a fit case for grant of anticipatory bail which is accordingly rejected.
(Rajiv Roy, J) Prakash Narayan /- U T