Patna High CourtCR. MISC./76488/2018dismissed

Md. Hasnain v. State Of Bihar And ANR

2019-01-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76488 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Hasnain Son of Md. Evidul Rahman, Resident of Village-Rajora, P.S.- Muffasil, District-Begusarai.

... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Rahmati Khatun, W/o Md. Hasnain, D/o Md. Eliyash R/o Vill-Ekamba, Shhayak Thana Chhorahi, P.S.-Khodawandpur, Dist.-Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Muffasil P.S.Case No. 250 of 2018, registered for offences punishable under Sections 498 (A) of the Indian Penal Code. Allegation as per F.I.R. against the petitioner is of subjecting his wife to cruelty and harassment due to non fulfillment of demand of dowry and ultimately she was ousted from her in-laws house. It is further alleged that inspite of legal noticeto the petitioner, he is not ready to give any maintenance. Submission for the learned counsel for the petitioner is that he has already given divorce to the informant and during investigation, the police found that the allegation against the

Patna High Court Cr.Misc. No.76488 of 2018(2) dt.30-01-2019 2/2 petitioner is totally false and fabricated only on suspicion and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioner is concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sudha/- U T