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Patna High CourtCR. MISC./25025/2017rejected

Md. Sojim @ Md. Sajim v. State Of Bihar And ANR

2017-07-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25025 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -MAHILA PS District- KATIHAR ======================================================

1. Md. Sojim @ Md. Sajim Son of Md. Jamir Resident of Village - Berakhore, P.S. Abadpur, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mano Khatoon wife of Md. Sojim @ Md. Sajim Resident of Village - Berakhore, P.S. Abadpur, District - Katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2017 Heard the counsel for the petitioner and the informant.

This application prays for grant of anticipatory bail in connection with Mahila P. S. Case No. 53 of 2016, registered under Sections 498A, 494, 307, 323/34 and 3⁄4 of the Dowry Prohibition Act.

Petitioner is the husband. The allegation of cruelty and torture is attributed against him. Counsel for the petitioner states that he is ready and willing to live with the informant. Counsel for the informant, on the other hand, points out that on such undertaking he was released on bail by the learned Court below even after rejection of his previous prayer for

Patna High Court Cr.Misc. No.25025 of 2017 (2) dt.06-07-2017 2/2 grant of anticipatory bail by this Court. Within two months of his release he again committed the atrocity on her which resulted in the filing of the present case. It is submitted that the petitioner is the habitual offender.

Considering the facts and circumstances of the case, this Court is not inclined to extend him the privilege of anticipatory bail. Prayer is, accordingly, rejected. Let the petitioner surrender and pray for bail in the Court below. (Kishore Kumar Mandal, J) Shyam/- U T