Sayed Farat Abbas @ Saiyed Fouret Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50458 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA P.S. District- Siwan ====================================================== SAYED FARAT ABBAS @ SAIYED FOURET ABBAS Son of Late Sayeed Muntazir Hussain Resident of Village - Gopalpur, P.S.- Hussainganj, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Saiyed Saleha Khatoon @ Mini @ Minni D/o Late Sayeed Aehtesham Ali Resident of Village - Bhikhpur, P.S.- Siswan, Dist.- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2019 This application, for grant of anticipatory bail, arises out of Siwan Mahila P.S. Case No. 23 of 2019, disclosing offences under Sections 498A/313 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty and torture with respect to demand of dowry of Rs. Five Lakhs. Submission of learned counsel for the petitioner is that all the allegations are false and concocted and as a matter of fact, she was torturing the entire family members by threatening to commit suicide and as such, it is not possible for the petitioner to keep her with himself.

Patna High Court CR. MISC. No.50458 of 2019(4) dt.08-11-2019 2/2 Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for anticipatory bail. Learned counsel for the informant has submitted that there are allegation against petitioner and other accused persons and earlier the petitioner has made the submission that he is ready to keep the informant and on that basis, he has been granted the privilege of provisional bail but now, he is taking a completely different stand.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed Provisional bail granted to the petitioner vide order dated 14.08.2019 stands withdrawn.

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