Mohril Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61524 of 2019 Arising Out of PS. Case No.-461 Year-2018 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== MOHRIL RAM Son of kameshwari Ram Resident of Village - and P.S.- Sri Nagar, Dist.- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ashu Kumar W/o Mohril Ram , D/o Parmeshwari Ram Resident of Village - Rampatti Kusaha, P.S.- Kumarkhand, At Present village - and P.S.- Sri Nagar, Dist.- Madhepura.

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.461 of 2018 dated 11.7.2018 registered for offences punishable under Sections 498A/494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Petitioner happens to be husband of the complainant. Allegation of demand of motorcycle and cash and for that assaulting her.

Submission of the learned counsel for the petitioner is that Annexure -2 is panchnama which discloses that the complainant has love affair with one Rakesh Kumar and she has married with him and in the panchayat she has stated that she does not want to reside with the petitioner and he is still ready to keep her.

Heard learned A.P.P. and perused the impound order from

Patna High Court CR. MISC. No.61524 of 2019(2) dt.26-09-2019 2/2 which it appears that the complainant was present in the court but the petitioner beign husband of the complainant did not appear before the court for reconciliation with his wife (complainant) and there is allegation against the petitioner of demand of dowry and torture. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders before the learned court below and make prayer for regular bail, which will be considered by the learned court below and he will consider the above submission as well as the materials available on the record or the materials made available to the court at the time of hearing of the bail application and he will pass appropriate order without being prejudiced by the order of this Court and he will try to dispose of his prayer for bail on the same day..

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U