Patna High CourtCR. MISC./31770/2017dismissed

Md. Rizwan @ Md. Rizwan Alam v. The State Of Bihar

2017-08-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31770 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Md. Rizwan @ Md. Rizwan Alam, son of Md. Sanaullah, resident of Mohalla- Old Karimganj, Police Station- Civil Lines, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubina Yasmin, daughter of Md. Shahabuddin, resident of Nawada Mohalla-Ansar Nagar, Masjid Gali, P.S.-Nawada, District-Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s : Smt. Sangeeta Sharma, APP Mr. Sheo Kumar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Mahila (Nawada) P.S. Case No.48 of 2016 instituted for the offence under Section(s) 498-A, 494, 307, 379, 504, 506 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act pending in the Court of the Chief Judicial Magistrate, Nawada.

Petitioner is husband of the Informant.

It is mentioned in the written report that the petitioner has married another lady in Saudi Arabia and he has a child also from that wife. He is living with her in Saudi Arabia and totally neglecting the Informant, who is living in India, and is not taking any care of her.

Patna High Court Cr.Misc. No.31770 of 2017 (4) dt.29-08-2017 2/2 There is allegation that the petitioner and other family members committed physical and mental torture with the Informant.

Matter was sent to Mediation Centre, but mediation has failed as the dispute could not be settled. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T