Patna High CourtCR. MISC./9759/2015rejected

Sajjad Ali v. The State Of Bihar

2015-07-02Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.9759 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9759 of 2015 Arising Out of PS.Case No. -293 Year- 2012 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Sajjad Ali Son of Late Nasiruddin R/o Village Piparaha, P.S. Minapur, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Minapur P.S. Case No. 293 of 2012 registered for the offences punishable under Sections 302, 364A, 498A/34 of the Indian Penal Code.

Allegedly, the daughter of the complainant/informant was killed due to non-fulfillment of demand of Bollero vehicle and her dead body was also disposed of. The petitioner is the husband of the informant's daughter.

Submission is of false implication and during investigation the case has been found true only under Section 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry

Patna High Court Cr.Misc. No.9759 of 2015 (3) dt.02-07-2015 Prohibition Act. The victim is still alive and no demand or torture was ever made to which the learned APP opposes by submitting that the petitioner is the husband and during investigation the witnesses have supported the prosecution version and it has come that she was being tortured.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner and further that he is the husband, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

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