Md. Yajdani vs The State Of Bihar & Anr. on 6 July, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.21405 of 2011
                      Md. Yajdani son of Abdul Hakim , resident of village-
      Tiklichar, P.O- mahanand Tola, P.S- Ratuwa, dist- Malda (W.B)
                                             Versus
                                The State Of Bihar & Anr.
                                           -----------

2 06.07.2011 Heard learned counsel for the petitioner and the

learned A.P.P for the State.

The petitioner apprehends his arrest in

connection with Complaint Case No. 272/2006 for the

offence under Section 498A of the Indian Penal Code.

It has been submitted on behalf of the petitioner

that petitioner is the husband of the complainant and has

been falsely implicated in this case. In fact, the

complainant herself does not want to live at her sasuaral

and she always used to reside at her house and she has

made false allegation of demanding dowry.

The allegation against the petitioner is that he

being the husband of the complainant and other family

members tortured the complaiant BiBi Khatoon for non

fulfillment of demand of dowry and ousted her from

sasural.

Considering the facts and the circumstances of
2

the case, I am not inclined to grant anticipatory bail to the

petitioner. The prayer for anticipatory bail of the

petitioner stands rejected. However, it is made clear that

the trial court will not be prejudiced by this order at the

time of hearing of the regular bail petitioner of the

petitioner and the same shall be disposed of on its own

merit taking into consideration the responsibility of the

petitioner being the husband with respect to maintain her.

Namita                            ( Rajendra Kumar Mishra, J.)