Alamgir Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3093 of 2017 Arising Out of PS.Case No. -502 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Alamgir Ansari, son of late Aliser Ansari, R/o Narkatiya, P.S. Gopalpur, District - West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Rehana Khatoon, wife of Alamgir Ansari, D/o Israfil Ansari, R/o Narkatiya, P.S. Gopalpur, District - West Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-02-2017 Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2. The Petitioner apprehends his arrest in Complaint Case No.502-C of 2016 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 4 of the Dowry Prohibition Act, pending in the Court of the Sub-Divisional Judicial Magistrate, Betttiah, West Champaran. Both husband and wife are present.
The wife has stated that she is ready to go with her husband, but the husband is not ready to take her with him. It has been submitted that the petitioner has filed a Divorce case against the wife making allegation that she is in
Patna High Court Cr.Misc. No.3093 of 2017 (3) dt.27-02-2017 2/2 relationship with another boy, but he is not disclosing the name of that boy. It has further been submitted that the Opposite Party No.2 had gone to husband's place, but she was ousted and a criminal case was also filed against her.
In such manner, only vague allegation has been levelled against the wife, which also amounts to cruelty. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer is rejected.
The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T