Patna High CourtCR. MISC./12563/2015rejected

Md. Ejaj v. State Of Bihar And ANR

2015-07-30Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.12563 of 2015 (3) dt.30-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12563 of 2015 Arising Out of PS.Case No. -1764 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Md. Ejaj son of Md. Sainul, resident of village- Godai Fulkaha, P.S.- Kanti, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shabnam Khatoon D/o Jainul Ansari, resident of village- Godai Fulkaha, O.P. Panapur, Kariyat, P.S.- Kanti, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pradeep Kumar Sinha For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 498 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. Allegedly, the petitioner is the husband of Opposite party no.2.

Learned counsel for the petitioner has, however, denied the very factum of marriage of the petitioner with Opposite party no.2 on the ground that Opposite party no.2 was a minor on the alleged date of marriage. This statement does not convince me

Patna High Court Cr.Misc. No.12563 of 2015 (3) dt.30-07-2015 for grant of anticipatory bail in the present case. This application is accordingly, rejected.

The petitioner is directed to surrender before the Court below within six weeks from today and seek regular bail, if so advised. If he does so, learned Court below will be required to consider his application for regular bail on its own merit without being prejudiced by rejection of the anticipatory bail application. (Chakradhari Sharan Singh, J) ArunKumar/- U