Md. Ajaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50887 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MD. AJAJ Son of Md. Esha Resident of Village- Aadharpur, Police StationMuffasil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil Police Station Case No.218 of 2018 registered under Sections 304(B) and 120(B)/34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial MagistrateV, Samastipur. The accusation is that the marriage of Chandni Begum, the sister of the informant Md. Khursheed, was performed with Md. Sajjad in the year 2009 and due to their wedlock, there are two female babies, aged about 5 years and 3 years. Thereafter, his sister was being tortured by her husband Md. Sajjad, who divorced his sister in the year 2016.

Patna High Court CR. MISC. No.50887 of 2019(2) dt.17-08-2019 2/3 Thereafter, Md. Ajaj (petitioner), the younger brother of Md. Sajjad, performed the Nikah with the sister of the informant. Later on, Md. Ajaj (petitioner) made demand of Rs.2,00,000/- from the sister of the informant to do the business and due to non-fulfillment of the said demand, the sister of the informant was being tortured by her husband (petitioner) and other inlaws. Ultimately, the sister of the informant was killed by her husband (petitioner) and other in-laws for non-fulfillment of the dowry demand.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner performed the Nikah with the deceased, the sister of the informant, after giving divorce by her elder brother Md. Sajjad and the petitioner has falsely been implicated in this case.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being

Patna High Court CR. MISC. No.50887 of 2019(2) dt.17-08-2019 3/3 prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T