Patna High CourtCR. MISC./27141/2016dismissed

Md. Subhan v. The State Of Bihar And ORS

2016-10-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27141 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== Md. Subhan Son of Md. Rizwan, Resident of village- Kirtaul, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Aliauddin Son of Sabdul Miyan.

3. Hasina Khatoon wife of Md. Subhan, Daughter of Md. Allauddin, Both Resident of Village- Koluara- Gacchi Tola, P.S. Teghra, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Fahimuddin, Adv. For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-10-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the daughter of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A and 364 of the Indian Penal Code.

The prosecution case is that the informant got his daughter married with the petitioner four months prior to the lodging of the present case. Subsequent to the marriage, the daughter of the informant came to know that her husband/petitioner is alcoholic. On protest being made by the daughter of the informant, the petitioner used to assault her. On 26.06.2015, the informant came to know that the accused persons

Patna High Court Cr.Misc. No.27141 of 2016 (4) dt.21-10-2016 2/2 assaulted his daughter and snatched her jewellery on 25.06.2015 and since then she is traceless leading to the registration of the present case on 01.07.2015.

It is submitted by the learned counsel for the petitioner that the victim went traceless at the behest of the informant' side as the petitioner's side also lodged Complaint Case No. 2143 of 2015 on 06.07.2015 against the informant's side. Learned APP, after going through the case diary, submits that daughter of the informant is still traceless. Considering the fact the petitioner is the husband of the victim and the victim went traceless on 25.06.2015 when petitioner's side lodged complaint case after six days of lodging of the present FIR, this Court is not inclined to grant anticipatory bail to the petitioner.

Let the learned court below consider the prayer for bail of the petitioner if he surrenders within a period of six weeks in connection with Teghra P.S. Case No. 198 of 2015 pending in the court of learned CJM, Begusarai.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T