Abdul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28328 of 2019 Arising Out of PS. Case No.-306 Year-2018 Thana- BARSOI District- Katihar ====================================================== ABDUL RAHMAN Son of Shakur Mohammad Resident of Village- Kaswa Tola, P.S.- Barsoi and District- Katihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Farhina Khatun Wife of Abdul Rahman, D/O Md. Mohsin Resident of Village- Kota, P.S.- Sudhani, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2019 Heard both sides.

The petitioner apprehends his arrest in Barsoi P.S. case No. 306 of 2018 registered under Section 323, 328, 420, 406, 384, 34, 498A of the IPC and u/s 3⁄4 of Dowry Prohibition Act.

The matter was sent to the Mediation Center but the matter could not be resolved through mediation. The learned counsel for the petitioner submits that petitioner is ready to keep his wife with all honour and dignity but the wife is not willing to live with petitioner. The petitioner has got two children from his first wife and he is ready to construct separate house to keep his wife but the learned counsel

Patna High Court CR. MISC. No.28328 of 2019(6) dt.27-09-2019 2/2 for the informant submits that petitioner has already solemnized 2nd marriage after deserting the informant.

Taking into consideration the facts that informant is not willing to live with the petitioner only because her husband deserted her and solemnized 2nd marriage and thereafter he used to subject her to physical and mental torture, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T