Patna High CourtCR. MISC./2734/2017rejected

Mozammil Ansari v. The State Of Bihar

2017-01-28Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2734 of 2017 Arising Out of PS.Case No. -150 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Mozammil Ansari, son of Abdul Samad @ Sahmad Ansari, resident of Khwaspur Khurd, P.S. Doriganj, Disrict- Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party : Mr. Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Chapra Mufassil P.S. Case No. 150 of 2015, registered for the offences punishable under Sections 498(A), 323, 341, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegedly, the informant was married to petitioner on 23.11.2014 and due to non-fulfillment of demand of dowry by way of motorcycle, L.C.D. T.V. and fridge, the petitioner started torturing and assaulting her, kept her hunger and with the aid of other in-laws tried to burn her, but she was saved and further the petitioner caused threats to kill her.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.2734 of 2017 (2) dt.28-01-2017 2/2 petitioner wants to keep her with all dignity and comfort, but the informant is not ready to live with the petitioner and to extract money she has lodged this false case.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Chapra Mufassil P.S. Case No. 150 of 2015, pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra. However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by the order of this Court.

(Jitendra Mohan Sharma, J.) Rajiv/- U T