Patna High CourtCR. MISC./27905/2014rejected

Dablu Sah v. State Of Bihar And ANR

2015-01-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27905 of 2014 Arising Out of PS.Case No. -816 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Dablu Sah S/o Ram Babu Sah R/o Villalage-Atrar, P.S.-Aurai, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Veena Devi W/o Dabloo Sah, D/o Vijay Sah, Village-Mothan Mal, P.S.- Minapur, District-Muzaffarpur.

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Md.Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2015 Heard the parties.

In this application for anticipatory bail the petitioner apprehends his arrest in a case for the offence punishable under sections 498 A/34 of the I.P.C and section 4 of Dowry Prohibition Act.

Allegedly, the complainant was married with the petitioner and after six months of marriage demand of Rs. 50,000/- and one motorcycle was made which was not fulfilled and then the Complainant was assaulted and in spite of all the request made they did not change their ways and the petitioner used to assault her and in the night the petitioner was pressing the neck to kill her

Patna High Court Cr.Misc. No.27905 of 2014 (4) dt.20-01-2015 2/2 but she was saved.

Submission is of false implication and further that the Complainant herself is not ready to live with the petitioner and father of the petitioner has been kidnapped by the Complainant's father and brother for which another case is going on. The learned A.P.P, on the other hand, opposes the prayer of pre-arrest bail.

Considering that the petitioner is the husband and there is specific demand of dowry and of assaulting the Complainant and as such this Court is not persuaded to grant privilege of pre-arrest bail to the petitioner and accordingly such prayer of the petitioner stands rejected in connection with Complaint Case No. C-816 of 2013/ Tr. No. 2104 of 2014 pending in the Court of S.D.J.M. (East), Muzaffarpur. (Jitendra Mohan Sharma, J) Abhay/- U T