Md. Shahid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49908 of 2019 Arising Out of PS. Case No.-624 Year-2018 Thana- HILSA District- Nalanda ====================================================== MD. SHAHID HUSSAIN Son of Abdul Rauf Ansari Resident of Village - Makhdum Chak, P.S.- Sigauri, Distt - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nagma Parween D/o Md. Rizwan Alam Resident of Mohalla - Naya Mohalla, Dargah Road, P.S.- Hilsa, Distt - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anisur Rahman For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Hilsa P.S. Case No. 624 of 2018 registered for the offences under Sections 341, 323, 504, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioner, who happens to be husband of the informant, is of demand of Rs.5 lacs and for that he assaulted her brutally, causing injuries to her and further case is that on the intervention of the Mohalla people she started living separately but the petitioner again tried to kill her. Submission of learned counsel for the petitioner is that the allegation is false and concocted and he has purchased some land in favour of opposite party No.2 but in spite of that

Patna High Court CR. MISC. No.49908 of 2019(2) dt.09-08-2019 2/2 she is not residing with him and he is still ready to keep her with dignity and care.

Heard learned APP and from perusal of the impugned order it appears that before learned court below the informant has appeared and she categorically stated that she was subjected to assault brutally, as such she is not ready to reside with the petitioner.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and pray for regular bail, the same shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

Accordingly, this application is dismissed.

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