Md. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7512 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -KADWA DistrictKATIHAR ===================================== Md. Salim, Son of Late Martoj Alam, Resident of Village - Dariyapur, P.S. - Kadwa (Balia Belone), District - Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Md. Musowir, Adv. For the Opposite Party/s : Mr. Ram Bachan Singh (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kadwa (Balia Belone) P.S. Case No.141 of 2015, disclosing offences under Sections 341, 324, 307, 504, 506/34 and 302 of the Indian Penal Code. Considering the fact that there is direct allegation against the petitioner of causing assault on the deceased, who was the informant herself, I am not

Patna High Court Cr.Misc. No.7512 of 2016 (2) dt.17-03-2016 2/3 inclined to grant the petitioner the privilege of anticipatory bail.

Learned counsel for the petitioner has attempted to convince this Court that the deceased had lodged a case, under Section 498A of the Indian Penal Code, against her husband and other family members, alleging demand of dowry and repeated torture, but the husband has not been made accused in the present case.

That cannot be a ground, in my opinion, for grant of anticipatory bail to the petitioner, there being specific allegation in the First Information Report of assault made against the present petitioner.

Learned counsel for the petitioner further submits that after having caused such injuries, as alleged in the First Information Report, the informant could not have in proper mental status to make the allegation as made in the First Information Report. I am not convinced by such submission for the purpose of consideration of anticipatory bail. This application, for grant of anticipatory bail to the petitioner, abovenamed, is, accordingly, dismissed.

The petitioner is directed to surrender before

Patna High Court Cr.Misc. No.7512 of 2016 (2) dt.17-03-2016 3/3 the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant anticipatory bail.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T