Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37460 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Akbar Ali, Son of Safiullah Ansari, Resident of Village- Diphi, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Najma Khatoon, Daughter of Yunis Mansoori, Resident of VillageBahuarawa, P.S.- Chiraiya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 This is an application for grant of anticipatory bail in connection with Trial No. 3355 of 2018, arising out of Complaint Case No. 89 of 2018, disclosing offences under Section 498A of IPC and Section 3⁄4 of D.P. Act. Allegation against the petitioner is of demand of dowry and subjecting the complainant to cruelty and torture. Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner of demand and he has falsely been implicated in this case. Marriage was solemnized 19 years ago.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2, they have opposed the prayer for

Patna High Court CR. MISC. No.37460 of 2019(4) dt.20-09-2019 2/2 anticipatory bail on the ground that during the pendency of this application, the opposite party no.2 has died and in that connection, a case has again been lodged against the petitioner for causing her death.

Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. Provisional bail granted to him, vide order dated 21.06.2019 is withdrawn/recalled. Petitioner is directed to surrender before the learned court below and make prayer for regular bail.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T