Md. Nafish Ashraf @ Md. Nafis Ashraf v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66457 of 2018 Arising Out of PS. Case No.-1800 Year-2007 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Md. Nafish Ashraf @ Md. Nafis Ashraf S/o Khairati Ashraf Resident of Village-Barah Batra,P.S. Arah Town,Distt.-Bhojpur At Preent-27B Resipuriferals Private Limited 67,Benitic Street Frist Floor New Alipur Kolkatta Pin Code No.700027 ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sanda Khatoon wife of Md. Nafish Ashraf D/o Ali Ashraf Resident of Village-Purdilganj Kayam Nagar P.S. Koilwar,Distt.-Bhojpur.At Present Jypti Shishu Niketan School,Near Mohalla Dargah Road,P.S. Sultanganj,Distt.-Patna 800006 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the complainant, is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The prosecution case as per the complainant, Sajda Khatoon is to the effect that the marriage of the complainant was performed with the petitioner on 16.03.2006, but there was

Patna High Court CR. MISC. No.66457 of 2018(5) dt.15-04-2019 2/3 subsequent dowry demand and for non-fulfillment of the same, torture was inflicted upon the complainant.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant, but now the complainant has performed second marriage.

Learned APP for the State submits that the complaint was filed in 2007, the petitioner's initial anticipatory bail application was rejected by learned Sessions Judge, Patna vide order dated 20.05.2008 passed in A.B.P. No. 1474 of 2008 and thereafter the second anticipatory bail application was preferred in the year 2018 which is after 10 years of rejection of initial anticipatory bail application by the learned Sessions Judge. Considering the fact that the complaint was filed in 2007 when the complainant has performed second marriage in 2012 and the petitioner has chosen to prefer the present bail application after 10 years of the rejection of the initial anticipatory bail application, this Court is not inclined to grant anticipatory bail to the petitioner. But keeping in view of the fact that admittedly the complainant has performed second marriage, let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with

Patna High Court CR. MISC. No.66457 of 2018(5) dt.15-04-2019 3/3 Complaint Case No. 1800 C of 2007, pending before the learned SDJM, Patna.

With the above observation, this application is, accordingly, disposed of.

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