Rabban @ Md. Rabban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62828 of 2019 Arising Out of PS. Case No.-2134 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== RABBAN @ MD. RABBAN Son of Late Md. Alim Resident of Village - Premnagar Purab Tola, Ward No. 14, Gram Panchayat Hayatpur, P.O.- Chandardai, P.S.- Araria R.S., District - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashiyana Wife of Rabban @ Md. Rabban D/o - Md. Mozib, Resident of Village - Premnagar Purab Tola, Ward No. 14, Gram Panchayat Hayatpur, P.O.- Chandardai, P.S.- Araria R.S., District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2134c of 2017 registered for the offences punishable under Sections 498A, 379 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. As per complaint case there is allegation against the petitioner, who happens to be husband of the complainant, that he solemnized marriage with another lady Nasreen and also there is allegation of demand of 20 decimals of land and for that he ousted the complainant from the house.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care. On the other hand, learned

Patna High Court CR. MISC. No.62828 of 2019(4) dt.16-11-2019 2/2 counsel for opposite party No.2 has submitted that as a matter of fact earlier petitioner subjected her to cruelty and after compromise he married with another lady and ousted her from the house, as such petitioner does not deserve bail. Heard learned APP also.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T