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Patna High CourtCR. MISC./68609/2019dismissed

Saddam @ Md. Sadam v. The State Of Bihar

2019-10-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68609 of 2019 Arising Out of PS. Case No.-1568 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== SADDAM @ MD. SADAM Son of Md. Sabdul Resident of Village - Kamalpur, Ward No. 13, P.S.- Raniganj, District - Araria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sajan Khatoon Wife of Saddam @ Md. Sadam D/o - Md. Jamil, Resident of Village - Kamalpur, P.S.- Raniganj, District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1568C of 2018 registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. As per complaint petition, petitioner is said to be husband of the complainant and for non-fulfilment of demand of Rs.1 lac he threatened her and also assaulted her and tried to kill her and ousted her from the house. Further allegation is that petitioner solemnized second marriage with another lady. Submission of learned counsel for the petitioner is that whole allegations are false and concocted and he is still ready to keep her with dignity and care.

Patna High Court CR. MISC. No.68609 of 2019(2) dt.25-10-2019 2/2 Heard learned APP, who has drawn my attention towards the impugned order from which it appears that attempt for reconciliation was made but as petitioner did not appear the reconciliation failed and moreover petitioner has performed second marriage.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, petitioner is at liberty to persuade the complainant to reside with him and if she is ready to reside with him, the court below shall consider this aspect of the matter while considering bail application of the petitioner. This application is, accordingly, dismissed.

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