Patna High CourtCR. MISC./18493/2017dismissed

Md. Shamim Alam @ Shamim Akhtar v. State Of Bihar And ANR

2017-05-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18493 of 2017 Arising Out of PS.Case No. -115 Year- 2015 Thana -AMAUR District- PURNIA ====================================================== Md. Shamim Alam @ Shamim Akhtar, son of Majauddin, resident of village- Bimalbari, P.S.-Amaur, District- Purnia .... .... Petitioner/s

Versus

1. State of Bihar &

2. Badrun Nisha, d/o Md. Ishaq, presently residing at village-Agachaiya, P.S.-Amour, District-Purnia.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Amour P.S. Case No.115 of 2015 instituted for the offence under Section(s) 323, 406, 498-A Indian Penal Code and Section 4 of the Dowry Prohibition Act pending in the Court of the Chief Judicial Magistrate, Purnea.

Opposite Party No.2 has appeared through counsel. Petitioner is the husband of the informant. There is specific allegation that he has performed second marriage and is neglecting the informant and her three children. From the impugned order itself, it appears that petitioner has committed mental and physical torture with the

Patna High Court Cr.Misc. No.18493 of 2017 (2) dt.18-05-2017 2/2 informant and ousted her from Sasural along with three children. It is also mentioned in the impugned order that petitioner gave false story in the Court below with regard to giving divorce to the informant.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T