Md. Ashique Reza @ Chunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21634 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Md. Ashique Reza @ Chunna S/o Late Afjal, Resident of VillageKakan, P.S.- Jokihat, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Pandey For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Araria (Mahila) P.S. Case No.111 of 2016 instituted for the offences under Sections 376 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that there was no marriage so question of dowry does not arise. Allegation has been made that on the assurance of marriage petitioner has established physical relationship with the victim. When she became pregnant her pregnancy was terminated after giving some medicine by the petitioner. In such view of the matter, this Court is not inclined to

Patna High Court Cr.Misc. No.21634 of 2017 (4) dt.19-08-2017 enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks from today, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. Vinay/- (Shivaji Pandey, J) U T