Md. Gulfam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53914 of 2022 Arising Out of PS. Case No.-2304 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. GULFAM S/o Wasi Ahmad R/o village- Banka Semapur, P.S.- Barari, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Musfera Khatoon W/o Md. Gulfam, D/o Mujahidul Haque R/o villageTitwari, P.S.- Barari, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP For the informant :

Mr. Bipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner, learned APP for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with C.A. Case No.2304 of 2019 instituted under Sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act. As per the prosecution story, the lady married the petitioner in the year 2015 and the dowry was given at that time. With the passage of time, she gave birth to male child in the year 2016. However, six months later, they demanded 4 'Bighas' of land as also money and when the lady showed poor financial condition of the 'Maika', she was physically and mentally tortured and once they also tried to burn her on 30.01.2019 by pouring kerosene oil over her body. As she raised alarm,

Patna High Court CR. MISC. No.53914 of 2022(3) dt.01-02-2023 2/2 neighbours came, she was rescued and finally on 02-07-2019, they threw her from the matrimonial house snatching all her belongings. Accordingly, the case.

Learned counsel for the petitioner has drawn attention of this Court to an order dated 22.07.2022 passed by the learned Sessions Judge, Katihar to show that the parties arrived to a compromise.

Per contra, learned counsel for the informant submits that immediately after they came out from the Court, the petitioner left her threatening that if she continues coming with him, she will be killed.

Considering the kind of attitude that the petitioner has shown even after making a positive submission before the learned Sessions Judge, Katihar, no case for grant of anticipatory bail is made out. Accordingly, this anticipatory bail application is rejected.

(Rajiv Roy, J) Prakash Narayan /- U T