Anwar Ahmad @ Anvar Ahamad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78470 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- MAHILA P.S. District- Samastipur ====================================================== Anwar Ahmad @ Anvar Ahamad S/o Mohiuddin Resident of VillageJitwarpur Chouck,P.S. Samastipur(M),Distt.-Samastipur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sahila Khatoon @ Sahila Pravin W/o Anwar Ahmad @ Anvar Ahamnd,presently residing as D/o Late Samim Resident of VillageBhagauni,P.S. Tajpur,Distt.-Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Learned counsel for the petitioner is permitted to make necessary correction in para -7 of the petition. This application, for grant of anticipatory bail, arises out of Mahila (Samastipur) P.S. Case No. 36 of 2018, disclosing offences under Sections 498(A), 341, 323, 379 of the Indian Penal Code.

Allegation against the petitioner is of demand of dowry of Rs. Two lakhs and on non fulfillment of the aforesaid demand, the informant was subjected to cruelty and torture. Submission of learned counsel for the petitioner is that he is still ready to keep the informant with full honour and dignity as a wife and no such occurrence as alleged by the

Patna High Court Cr.Misc. No.78470 of 2018(2) dt.09-01-2019 2/2 informant has ever taken place.

Heard learned A.P.P. also.

Having heard both sides, from perusal of the record, it appears that earlier the matter was referred to the Mediation Center by the learned Sessions Judge but in spite of vigorous effort the reconcilliation between the parties, failed and it appears that there is specific allegation against the petitioner and the marriage is only two years old. In view of the these facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed.

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