Md. Sohail @ Mohammad Sohail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46246 of 2019 Arising Out of PS. Case No.-956 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Sohail @ Mohammad Sohail, Son of Md. Muzaffar @ Mehtar, Resident of Village - Lohagara, P.S.- Balrampur, District- Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mahsari Khatoon, Wife of Md. Sohail, D/O- Md. Maqbool Resident of Village - Bagdogra, P.S.- Balrampur, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned counsel representing the complainant-opposite party no.2. The petitioner in this case is seeking anticipatory bail in connection with Complaint Case No.956/2017 registered for the offences punishable under Sections 323, 313, 498A/34 of the Indian Penal Code and Section 3/4 of the D.P. Act. Learned counsel for the petitioner submits that the allegations made against the petitioner are false and flimsy allegations as it cannot be believed that the petitioner will commit assault on the complainant in her own house. It is further submitted that the complainant is not willing to live with the petitioner even though the petitioner is willing to keep her

Patna High Court CR. MISC. No.46246 of 2019(3) dt.26-09-2019 2/3 with full dignity and care.

Learned counsel for the complainant-opposite party no.2 has opposed the prayer for anticipatory bail. It is his submission that right from beginning after the marriage the accused persons were torturing the opposite party no.2 for not fulfilling the demand of dowry. In her complaint petition, she has alleged that the accused persons were physically and mentally torturing her and then when she became pregnant she was forcibly compelled to take medicine causing abortion and put her own life in danger. In her complaint petition, she has alleged that she was thrown out from her house on 30.04.2017. Learned counsel has invited attention of this Court towards the observations of the learned Additional Sessions Judge-III, Katihar in his order dated 26.04.2018 passed in A.B.P. No.231 of 2018.

Considering the facts and circumstances of the case whereunder this Court finds that there are specific allegations of demand of dowry and then causing assault on the complainant and further from the impugned order it appears that the petitioner had indulged in committing assault upon the complainant in her own house and then the complainant was brought to the Primary Health Centre for treatment in the

Patna High Court CR. MISC. No.46246 of 2019(3) dt.26-09-2019 3/3 injured condition, this Court is not willing to extend the privilege of anticipatory bail to the petitioner. This application is dismissed.

In case the petitioner surrenders in the court below within a period of four weeks from today and prays for regular bail, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T