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Patna High CourtCR. MISC./48412/2016rejected

Sadique @ Md. Sadique v. State Of Bihar And ANR

2017-02-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48412 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sadique @ Md. Sadique S/o Salauddin Resident of Village-Haldia, Bakra, Ward No. 05,P.S. Forbesganj (Simraha) District Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Sakiba W/o Md. Sadique Resident of Village-Naldia P.S. Forbesganj (Simraha) District Araria .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Forbesganj (Simraha) P.S. Case No. 49 of 2016 registered under Sections 498A, 341, 323, 379, 34 of the I.P.C. and 3⁄4 of the Dowry Prohibition Act pending in the Court of S.D.J.M., Araria. The allegation is of torture and assault for nonfulfillment of demand of dowry by her husband and in-laws. Thereafter, they ousted her after snatching her ornaments. Submission is that petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegations levelled against him.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that there is

Patna High Court Cr.Misc. No.48412 of 2016 (4) dt.27-02-2017 2/2 specific allegation of torture and assault against the petitioner. Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) Shailendra/- U T