Patna High CourtCR. MISC./39542/2013rejected

Md. Abuzar v. The State Of Bihar

2013-12-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.39542 of 2013 (2) dt.24-12-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39542 of 2013 ======================================================

1. Md. Abuzar S/O Late Md. Sharfi .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-12-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 118 of 2012 registered for the offences punishable under Sections 147, 323, 341, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Petitioner is husband of the informant and submission on his behalf is that he has already divorced the informant which is evident from perusal of Annexure-2 to this petition and furthermore, by the order of the court, petitioner is paying maintenance amount to the informant.

From perusal of impugned order, it would appear that the learned Sessions Judge attempted to explore the possibilities of reconciliation but in spite of direction of learned Sessions Judge,

Patna High Court Cr.Misc. No.39542 of 2013 (2) dt.24-12-2013 petitioner did not appear before the court. Moreover, there is serious allegation of torturing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for anticipatory bail in connection with Mahila P.S. Case No. 118 of 2012 pending in the court of Chief Judicial Magistrate, Darbhanga stands rejected. However, it is made clear that if petitioner surrenders before the court below within six weeks from the date of rejection order and seeks regular bail, the learned court below shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) SHAHZAD/-