Md. Shahnawaz v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13679 of 2017 Arising Out of PS.Case No. -556 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Shahnawaz Son of Late Urfan, Resident of Village- Manikpur, P.S.- Araria (Bairgachhi), District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Rumana, Wife of Md. Shahnawaz, Daughter of Md. Mushtaque, Resident of Village- Manikpur, P.S.- Araria (Bairgachhi), DistrictAraria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-07-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informanat/Complainant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. 556 C of 2015 for the offences punishable under section 498 A of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. The petitioner being the husband of the complainant allegedly used to assault and torture her with his family members for not fulfilling the demand of dowry by way of cash of Rs. 2,00,000/- and lastly the petitioner and other co-accused after

Patna High Court Cr.Misc. No.13679 of 2017 (3) dt.03-07-2017 2/2 assaulting her ousted from the matrimonial house. Submission is of false implication, the complainant is not willing to live with the petitioner, to harass the petitioner she has filed this false case, the petitioner is always ready to keep her with honour and dignity but she is in the habit of taking poison and fled away to the house of her brother-in-law, the petitioner has filed matrimonial case earlier and thereafter this case has been filed and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner and others had tortured the complainant for not fulfilling the demand of cash of Rs.2,00,000/- and lastly ousted her from the matrimonial house. In the facts and circumstances as stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of S.D.J.M. Araria.

(Jitendra Mohan Sharma, J) Abhay/- U T