Md. Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32719 of 2022 Arising Out of PS. Case No.-814 Year-2020 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== MD. RIYAZ SON OF MD. SIRAZ R/O VILLAGE- LAKSHMIPUR, P.S.- SURYAGADH, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SAKEENA PRAVEEN @ HENA PRAVEEN W/O - MD. RIYAZ, D/OMD. ALIM R/O MUHALLA- HAJRATGANJ, BAR GALI-9, P.S.- KASIM BAZAR, DISTRICT- MUNGER ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner, on account of ill health of his father, could not appear before this Court.

The complainant is physically present before this Court. Learned counsel for the complainant submits that the learned family Court had granted maintenance of Rs.8,000/- to be paid by the petitioner to the complainant for her upkeep and upkeep of her two children, the payment was to be made from the

Patna High Court CR. MISC. No.32719 of 2022(7) dt.26-06-2023 2/2 date of filing of the application of the maintenance case i.e. from November, 2020. It is further submitted that petitioner till date has not paid a single farthing and the complainant is facing immense difficulty in maintaining herself and the children. On query of the Court from the learned counsel for the petitioner that as to why the maintenance amount has not been paid on which it has been submitted that petitioner is a poor person.

The Court completely fails to appreciate the conduct of the petitioner that he is not willing to maintain his wife and two kids which amply demonstrates his conduct. The Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Munger Complaint Case No. 814C of 2020 pending in the Court of learned Judicial Magistrate, 1st Class, Munger/successor Court.

Accordingly, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T