Patna High CourtCR. MISC./26879/2014bail granted

Md. Guddu v. State Of Bihar And ANR

2015-08-26Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.26879 of 2014 (4) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26879 of 2014 Arising Out of PS. Case No. -367 Year- 2012 Thana -PHULWARI District- PATNA ====================================================== Md. Guddu, Son of Md. Shamsuddin, resident of Mohalla Karbala, P.O. & P.S. Phulwarisharif, District Patna .... .... Petitioner

Versus

1. The State of Bihar.

2. Guriya, wife of Md. Ekbal, daughter of Md. Hasib, resident of Mohalla Almijan Nagar, P.O. & P.S. Phulwarisharif, District Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dhananjay Prasad, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498A read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Phulwarisharif P.S. Case No.367 of 2012.

3. It is submitted that the petitioner has been falsely implicated and the complaint itself does not even whisper that the petitioner and the complainant were ever married and thus, accusations for the alleged offences under Section 498A read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act on the face of it are false.

Patna High Court Cr.Misc. No.26879 of 2014 (4) dt.26-08-2015

4. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 07.11.2014 pending in the Court of learned Sub-Divisional Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No.367 of 2012 stands hereby confirmed, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) B.T/- U T