Md. Tarique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53020 of 2019 Arising Out of PS. Case No.-4465 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MD. TARIQUE Son of Md. Shamsul Haque Resident of Noor Manjil, Sector -A, New Azimabad Colony, P.S.- Bahadurpur, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sania Parween Wife of Md. Tarique, D/O - Shah Alam R/O Mohalla - New Azimabad Colony, P.S.- Bahadurpur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samrendra Kumar Jha For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.4465© of 2017 registered for offences punishable under Sections 323, 341, 379,384, 406 & 498(A) of the Indian Penal Code and Sections 3⁄4 of the D.P.Act. Allegation against the petitioner, who happens to be husband of the complainant, is of ousting his wife within one year of marriage.
Submission of the learned counsel for the petitioner is that she has filed various cases against the petitioner, which are still pending and the matter was referred to the Mediation Centre and he is still ready to pay her Rs.02 lac but her demand
Patna High Court CR. MISC. No.53020 of 2019(3) dt.27-11-2019 2/2 is of Rs.23 lac. On the other hand the learned counsel for the O.P.no.2 (wife) has submitted that at the time of marriage Rs.10 lac was paid to the brother of the petitioner and thereafter she was abandoned within one year of her marriage without any fault of her, as such the petitioner does not deserve anticipatory bail.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, he may surrender and pray for regular bail.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T