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Patna High CourtCR. MISC./36570/2016rejected

Mansur Ali v. The State Of Bihar

2016-09-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36570 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -MAHILA P.S. District- SIWAN ====================================================== Mansur Ali, S/o Late Rahmatullah Ansari @ Butai Mian, resident of Village- Amlory Sarsar Tiklohi Tola, P.S.- Siwan Mufassil, District- Siwan .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Siwan Mahila P.S. Case No. 02 of 2016, registered under Sections 376 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, pending in the court of the S.D.J.M. Siwan.

The allegation of informant Nahida Parveen is that her marriage was settled by her family members with the petitioner and her Nikah was fixed in the month of February/ March, 2016. On the pretext of settlement of marriage, petitioner developed physical relationship with her. On 02.01.2016 petitioner along with his family members come to the house of

Patna High Court Cr.Misc. No.36570 of 2016 (2) dt.16-09-2016 2/2 informant and refused to perform marriage with her stating that where he received more dowry, he would perform marriage there. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within six weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T