Anamul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52181 of 2014 Arising Out of PS.Case No. -103 Year- 2013 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Anamul Haque son of Riyazul Haque Resident of village - Dhumnagar Chariya Tola, Police Station Jagdishpur, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 376 of the I.P.C and section 3⁄4 of the D.P.Act.

Allegedly after giving assurance to marry with the informant the petitioner has assaulted her sexually and further started demanding dowry by way of Rs. 80,000/- , golden chain and motorcycle and due to non fulfillment refused to marry with her and further has negotiated to marry with other. Submission is that the informant is habituated in lodging false case only with a view to extract money. FIR has been

Patna High Court Cr.Misc. No.52181 of 2014 (3) dt.04-03-2015 2/2 lodged falsely to obstruct the marriage of the petitioner. Besides this case the informant has lodged another case also against Fuljan Diwan & others on 01.08.2014. The prosecution story as alleged is not probable and reliable and as such the petitioner who is suffering in custody since 16.06.2014 deserves sympathetic consideration, to which the learned A.P.P. opposes. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to release the petitioner on bail. Accordingly, his prayer for bail stands rejected in connection with S.Tr. No. 581 of 2014 arising out of Bagaha (Patkhani) P.S. Case No. 103 of 2013.

(Jitendra Mohan Sharma, J) Abhay/- U T