Md. Shahid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27227 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Shahid, Son of Sanaul Haque, Resident of Village- Nautan, P.S.- Nautan, District- West Champaran.

.... .... Petitioner.

Versus

1. The State of Bihar .

2. Naheed Perween, W/o Md. Shahid, D/o Md. Ayub, Resident of Mohalla- Baswaria, Michal Colony, P.O.+P.S.- Bettiah Town, DistrictWest Champaran. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Informant/Opposite Party No.2 : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 20-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant/opposite party no.2.

The petitioner apprehends his arrest in connection with Nautan P.S. Case No.112 of 2017 registered under Sections 323 and 498A of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act, pending in the court of the Chief Judicial Magistrate, Bettiah, West Champaran.

The accusation is of torturing the informant/opposite party no.2 by her husband (petitioner) and other in-laws for non fulfillment of the dowry demand and also to remove her alongwith her children from

Patna High Court Cr.Misc. No.27227 of 2017 (4) dt.20-09-2017 2/2 the matrimonial house by snatching her personal belongings. Learned counsel appearing on behalf of the petitioner submits that while on the joint prayer, earlier, the matter was referred to Patna High Court Mediation Centre, Patna, for settlement of the dispute in between the petitioner and the informant/opposite party no.2, who are husband and wife respectively, but the matter in between them could not be settled. Further submission is that the petitioner is ready to pay Rs.6,00,000/- to the informant/opposite party no.2 by way of one time settlement.

Learned counsel for the informant/opposite party no.2 submits that after removing the informant/opposite party no.2 alongwith her children from the matrimonial house, the petitioner has performed remarriage with Sajiya Hussan, daughter of Kamal Hussain alias Sannu, resident of Lal Saraiya, P.S. Nautan, District-West Champaran, who is Government Teacher.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T