Murshid Ansari @ Mushir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41502 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -MAHILA PS District- BUXAR ======================================================

1. Murshid Ansari @ Mushir Ahmad S/o Farukh Ansari, R/o Vill. + P.S.- Kochas, Distt.- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Buxar Mahila P. S. Case No. 14 of 2018, registered for offences punishable under Sections 341, 323, 504, 376, 493, 120 ( B )/34 of the Indian Penal Code and 3/4 D. P. Act. Allegation against the petitioner is that on the pretext of marriage, the petitioner has established physical relationship but later on, he refused to marry with her and demanded dowry. Submission of the learned counsel for the petitioner is that she is major and there is no eye witness of the occurrence. It is further submitted that the petitioner has been falsely implicated in this case in order to put pressure on the petitioner to solemnize

Patna High Court Cr.Misc. No.41502 of 2018 (2) dt.18-07-2018 2/2 marriage with her.

Learned A.P.P. as well as learned counsel appearing on behalf of the informant oppose the prayer for bail stating that after having physical relationship, the petitioner is now refused to marry with the informant and demanded dowry.

Having heard both sides and in view of the facts and circumstances, as discussed above, n In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T