Abdul Ajiz @ Ajij Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22181 of 2019 Arising Out of PS. Case No.-1390 Year-2009 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Abdul Ajiz @ Ajij Ansari S/O Sarfadin Ansari, Resident of Village- Lotaniya, P.O.- Kajrat Nawadih, P.S.- Hussainabad, District- Palamu, Jharkhand822116 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabiya Khatoon, W/O Abdul Ajiz @ Ajij Ansari, D/O Md. Rafiq Ansari, Resident of Village- Baruwa, Thana- Navinagar, District-Aurangabad, Presently resides at Muhalla- Neel Kothi, Dehri, Thana- Dehri, DistrictRohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.1390 of 2009 for offences allegedly committed by the petitioner under Section 498A of the Indian Penal Code and under Section 3⁄4 of the D.P. Act.

The petitioner is husband of the complainant. Learned counsel for the petitioner submits that the complainant did not make any specific allegation against the petitioner. After institution of the complaint petition, the petitioner made all efforts for reconciliation of the matter but the wife did not show any willingness.

Patna High Court CR. MISC. No.22181 of 2019(2) dt.08-04-2019 2/2 From perusal of the complaint petition, it appears that the complaint petition was filed in the year 2009 and for last ten years the petitioner is evading his appearance. Processes under Sections 82 and 83 have already been issued and the petitioner filed anticipatory bail petition only after ten years of the institution of complaint case.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders before the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) Harish/- U T