Md. Jakkar Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46411 of 2014 Arising Out of PS.Case No. -2472 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Jakkar Ali son of Late Ahmad Ali, resident of village- Lalganj, Police Station- Pranpur, O.P. (Roshna), Post Office- Mhadevpur, District Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Manur Khatoon wife of Md. Jakkar Ali daughter of Parjan Ali, resident of village-Kastahawar, P.S. Manihari P.O.- Sahja, District Ktihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Patil, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

None appears on behalf of opposite party no.2. Apprehending arrest in connection with Complaint Case No.2472 of 2013 in which cognizance has been taken under section 498A read with 34 of the Indian Penal Code, the petitioner seeks bail. By order dated 10.4.2015 while issuing notice to opposite party no.2, the petitioner was granted provisional anticipatory bail.

It has been contended that the allegations made in the complaint are false. The complainant was never subjected to

Patna High Court Cr.Misc. No.46411 of 2014 (3) dt.08-07-2015 2/2 cruelty in her matrimonial home and the present complaint has been filed due to matrimonial discord and incompatibility. On the other hand, learned counsel for State has pointed out that the victim was kept well in her matrimonial home only for five days and, thereafter, atrocities started upon her. The petitioner being husband of the complainant subjected her to cruelty in various ways for not fulfillment of demand of dowry and ousted her from the matrimonial home within two months of the marriage.

Regard being had to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail is rejected. The interim order dated 10.4.2015 passed by this Court is vacated.

(Ashwani Kumar Singh, J) Md.S./- U T