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Patna High CourtCR. MISC./85003/2019bail rejected

Md. Juber Alam v. The State Of Bihar

2019-12-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85003 of 2019 Arising Out of PS. Case No.-1610 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MD. JUBER ALAM Son of Late Iliyas Resident of Village - Damhaili, P.S. and District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Soni Parveen Wife of Md. Manjar, D/O - Md. Keyamuddin Resident of Village - Damhaili, P.S. and District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Complaint case No. 1010C/2018, instituted for the offence under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It is submitted by the petitioner's counsel that being father-in-law, he has falsely been implicated in the instant case. In order to make the offence look grave the complainant has averred specific allegation of assault against the instant petitioner. The co-accused i.e. mother-in-law has been allowed anticipatory bail by the learned Court below by the same

Patna High Court CR. MISC. No.85003 of 2019(2) dt.20-12-2019 2/2 impugned order whereby the petitioner's prayer for anticipatory bail has been rejected having considered the aforesaid submissions and having regard to the fact that specific allegation was made against the instant petitioner. Considering the aforesaid submissions, this Court does not find it a fit case for grant of anticipatory bail to the petitioner. However, this Court would observe that in the event of his surrender, the Court below shall consider his prayer for bail on the same day having regard to the submissions advanced by the petitioner's counsel today in the Court. Prayer for pre- arrest bail is, accordingly, rejected. (Madhuresh Prasad, J) shyambihari/- U T