← Library
Patna High CourtCR. MISC./49804/2016rejected

Nazim Sah @ Nazim v. State Of Bihar And ANR

2017-06-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49804 of 2016 Arising Out of PS.Case No. -1167 Year- 2013 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Nazim Sah @ Nazim son of Late Ainu Sah resident of village - Satal Istamas, P.S. Bahadurganj, District Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Albeli Begum wife of Nazim Sah resident of village - Satal Istamas, P.S. Bahadurganj, District Kishanganj.

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

For the Petitioner/s : Mr. Utsav Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 1167 C of 2013 registered under Sections147, 323, 498A and 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is ready to keep his wife with full honour and dignity but the complainant does not want to live with this petitioner. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is the husband and is adamant not to keep the complainant. There is specific

Patna High Court Cr.Misc. No.49804 of 2016 (4) dt.19-06-2017 2/2 allegation of torture and assault against this petitioner. Considering the facts and circumstances of the case and the submission advanced on behalf of the parties, I do not feel inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is, therefore, rejected. (Arvind Srivastava, J) Manish/- U T