Md. Rizwan @ Mohammad Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12426 of 2021 Arising Out of PS. Case No.-400 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== MD. RIZWAN @ MOHAMMAD RIZWAN S/o Md. Ashik R/o MohallaChunauti Kuan, P.S.- Phulwarisarif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 306 the Indian Penal Code, registered in connection with Alamghanj P.S.Case No.400 of 2020. The informant Sabir Khan is father of Dansih Khan, the deceased. As per allegation, the deceased was married to the petitioner four years ago. The petitioner was torturing the victim for non-fulfilment of the demand of dowry. In this respect, the deceased had already lodged a case against the petitioner. It is alleged further that due to torture, the informant's daughter strangulated herself to death.

The learned counsel for the petitioner has submitted that the petitioner was granted anticipatory bail in the case

Patna High Court CR. MISC. No.12426 of 2021(4) dt.28-03-2022 2/2 lodged by the deceased under Section 498A of the IPC. He has filed a supplementary affidavit, annexing therewith the compromise petition stating that both the parties have comprised the case.

It is an admitted fact that prior to the death of the deceased, she had lodged a criminal case against the petitioner for committing atrocities on her for non-fulfilment of the demand of dowry. As per allegation, the deceased strangulated herself due to torture.

In my view, it is not a fit case for anticipatory bail. The prayer for anticipatory bail on behalf of the petitioner is hereby rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T