Patna High CourtCR. MISC./35259/2016disposed

Anzarul Ansari v. The State Of Bihar

2016-08-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35259 of 2016 Arising Out of PS.Case No. -16 Year- 2010 Thana -SHARGHAT District- MADHUBANI ======================================================

1. Anzarul Ansari Son of kalam Hussain Ansari resident of Village - Mukhiyapatti, Ward No. 7, P.S. Tulsiyahi, District- Dhanusha (Nepal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the informant has performed second marriage. The informant has also lodged a case with similar accusation in Nepal against the petitioner.

Considering the fact that the FIR was registered in

Patna High Court Cr.Misc. No.35259 of 2016 (2) dt.17-08-2016 2/2 2010 and the petitioner has preferred the present application in 2016, this Court is not inclined to grant bail to the petitioner, but keeping in view of the nature of accusation and the submission of the petitioner that the informant has performed second marriage, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Saharghat P.S. Case No.16/2010, pending before the learned SDJM, Madhubani. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T