Rejection of petitioner's application for anticipatory bail in a dowry-related criminal case for apprehension of arrest; direction to surrender within four weeks for regular bail.
Anticipatory bail rejected; petitioner directed to surrender within four weeks for regular bail.
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Patna High Court Cr.Misc. No.13483 of 2017 (4) dt.09-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13483 of 2017
Arising Out of PS.Case No. -261 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Aftab Alam, Son of Azahar Babu, Resident of Village- Uchidih, P.S.Harpur, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Ram Bachan Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
The petitioner apprehends his arrest in connection with Raxaul P.S. Case No. 261 of 2016 (Complaint Case No. 275 of 2016) registered under Sections 498A, 406, 307 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the court of Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, Motihari.
The accusation is of torturing the complainant by her husband and in-laws due to non-fulfillment of demand of dowry and also to remove from her matrimonial house along with her children.
Patna High Court Cr.Misc. No.13483 of 2017 (4) dt.09-08-2017
Learned counsel for the petitioner submits while the matter was referred to the Mediation Centre, Patna High Court, Patna, but due to none turned up of petitioner, the mediation could not be succeeded.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether anticipatory bail is to be granted to the petitioner apprehending arrest.
2 provisions across 2 enactments
Aftab Alam
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajendra Kumar Mishra
Parties & counsel
