Abdul Rahim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50424 of 2015 Arising Out of PS.Case No. -506 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abdul Rahim Ansari, son of Nathu Mian Ansari, resident of VillageMohammadpur, P.S.- Banjaria, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anjum Ara, w/o Abdul Rahim Ansari, d/o Abdul Hamid Ansari, resident of Mohalla + PO- Agarwa (Motihari) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kishore Shahi, Advocate For the Opposite Party/s : Mr. Rajendra Pd. Nat, APP Mr. Anang Mohan Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 28-03-2017 The Petitioner apprehends his arrest in Turkaulia P.S. Case No.506 of 2015 instituted for the offence under Section(s) 498-A, 494, 341, 323, 504, 379, 307 Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Chief Judicial Magistrate, East Chamapran.

This case was earlier dismissed in default and subsequently restored.

Counsel for the petitioner has appeared and submitted that his client has already taken file from him although he has not given any "No Objection" to him.

Counsel for the Opposite Party No.2 and the learned APP are present.

Patna High Court Cr.Misc. No.50424 of 2015 (5) dt.28-03-2017 2/2 From the written report, it appears that the petitioner is husband of the Informant. There is specific allegation of committing physical and mental torture with the informant. He did not take care of the informant and six children born to the informant from the wedlock. He has performed second marriage with Afrida Khatoon and is living with her. It is further alleged that he brutally assaulted the informant and her children and also made attempt to commit their murder by pressing their neck and finally ousted the informant with children from the house. Petitioner is Headmaster in Government Middle School, Siswa, East Champaran, and being a government servant he is behaving in this manner with wife and children and has also performed another marriage without consent of the first wife. 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