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Patna High CourtCR. MISC./49112/2016dismissed

Md. Akwar Mansoori @ Md. Akwar @ Akwar Mansoori v. The State Of Bihar

2016-12-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49112 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -BABUBARHI District- MADHUBANI ====================================================== Md. Akwar Mansoori @ Md. Akwar @ Akwar Mansoori Resident of Village- Dhakjari P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

15-12-2016 Heard Sri Hriday Narain Harshit, learned counsel for the petitioner, Sri Pradip Narain Kunwar, learned Addl. Public Prosecutor as well as Sri Shailendra Kumar Jha, learned counsel, who has voluntarily appeared on behalf of informant. The petitioner, husband of the informant, apprehending his arrest in Babubarhi P.S. Case No. 167 of 2015, G.R. No. 3134 of 2015 registered for offence under Sections 341, 323, 384, 498(A), 504/34 of the Indian Penal Code, has prayed for grant of anticipatory bail.

At the very outset, the Court wanted to know as to whether petitioner, being husband of informant, is ready to keep his wife with respect and dignity, the learned counsel for the petitioner submits that there is no possibility of settlement, rather

Patna High Court Cr.Misc. No.49112 of 2016 (2) dt.15-12-2016 2/2 he has argued that the informant was not having good character and she has fled away with someone after taking huge amount from the petitioner's house and thereafter, the mother of the petitioner had sent a letter to the concerned police station regarding the said occurrence. In this regard, he has placed reliance on Annexure - 2 to the present petition. On aforesaid ground, a prayer has been made to grant anticipatory bail, whereas, learned counsel for the informant, by way of referring to the F.I.R., submits that the informant is mother of two children and since, she was tortured, the present F.I.R. was lodged. There is specific accusation against the petitioner.

Keeping in view the fact that petitioner is the husband of the informant and in the F.I.R., there is specific accusation against him, there is no point for extending the privilege of anticipatory bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T