Patna High CourtCR. MISC./48973/2014rejected

Md. Azad v. The State Of Bihar

2015-05-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48973 of 2014 Arising Out of PS.Case No. -400 Year- 2013 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Md. Azad son of Md. Samsul Resident of Village - Sankh, Taraiya Mubarakpur, P.S. - Muffasil, District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under section 498 A of the I.P.C and section 3⁄4 of Dowry Prohibition Act. The informant was married with the petitioner seven years ago and was blessed with a son and a daughter and when again she was pregnant the petitioner started torturing her and demanded Rs. 1,00,000/- and due to non fulfillment tried to kill her but due to alarm being raised and due to intervention of local people she was saved. Again she was brutally assaulted and was ousted from the in-laws house after keeping her children and

Patna High Court Cr.Misc. No.48973 of 2014 (2) dt.07-05-2015 2/2 belongings.

Submission is of false implication and that as a matter of fact the informant does not want to live with the petitioner. The entire prosecution story is far away from the truth. There was some misunderstanding and the informant has lodged this case. The learned A.P.P. opposes prayer of pre-arrest bail of the petitioner.

Considering the allegation attributed against the petitioner and further considering the position that he is the husband, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with Muffasil P.S. Case No. 400 of 2013 pending in the court of C.J.M. Begusarai.

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