The Patna High Court refused to grant anticipatory bail to the applicant. Despite claims of innocence and lack of criminal antecedents, the court rejected the prayer due to serious allegations of dowry harassment, torture, and the failure of a prior mediation attempt.
Prayer for anticipatory bail is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68363 of 2022
Arising Out of PS. Case No.-20 Year-2022 Thana- MAHILA PS District- Darbhanga
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SYED ZIWAQUAR ASHAR S/O LATE SYED MOBARAK HUSSAIN Resident of 39/69A Shahamat Husain Lane Hatia Chowk, Ward No.- 34-3 Bhikhanpur, P.S.- Ishakchk, District- Bhagalpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Obaidur Rahman For the Opposite Party/s : Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
The petitioner apprehends his arrest in connection with Darbhanga Sadar Mahila P.S. Case No.20 of 2022 registered under Sections 498(A), 323, 504, 506, 34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner (husband) is ready to keep her wife (informant) with dignity and honour. The petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.68363 of 2022(3) dt.06-09-2023 2/2
Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner stating that earlier this matter was referred to the Patna High Court Mediation and Conciliation Centre for settlement of the dispute between the parties. A report dated 25.08.2023 has been received from the Mediator stating that in spite of best sincere efforts the dispute between the parties could not be resolved through the process of the mediation as a result of which the mediation failed. It is further submitted that there is allegation against the husband of the informant that he along with his family members used to torture and abuse the informant and demanded dowry from her. Therefore, the petitioner does not deserve anticipatory bail.
Having considered the facts and circumstances of the case as well as the nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for bail is rejected.
(Arvind Srivastava, J)
Harish/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving dowry harassment and criminal intimidation.
Whether the failure of mediation settlement negates the petitioner's claim of innocence and danger of arrest.
Whether allegations of torture and abuse by the husband and his family members justify rejection of bail.
2 provisions across 2 enactments
Syed Ziwaquar Ashar
The State of Bihar
Rajiya Kamal
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
