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Jiyaul Haque @ Md Jiyaul vs The State Of Bihar on 6 August, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 23708 of 2019
Arising Out of CA Case No.-1681 Year-2017 Thana- KATIHAR COMPLAINT CASE
District- Katihar

Jiyaul Haque @ Md Jiyaul aged about 25 years Male, Son of Md Mukhtar,
Resident of village- Mansahi, P.S.- Mansahi, District- Katihar.

… … Petitioner/s
Versus

1. The State of Bihar

2. Tajkira Khatun, aged about 20 years Wife of jiyaul Haque, D/O Mojibur
Rahman, Resident of Village- Mansahi, P.O. and P.S.- Mansahi, District-
Katihar, At Present residing at village- Gaugachhi, Muslim Tola, P.O.
Kantakosh, P.S.- Mansahi, District- Katihar.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Md. Musowir, Advocate
For the State : Mr. Yogendra Kumar, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 06-08-2019

Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner apprehends arrest in connection with

CA Case No. 1681 of 2017 filed on 01.08.2017 under Sections

498A of the Indian Penal Code and 3/4 of the SectionDowry Prohibition

Act.

3. The petitioner, who is the husband of opposite party

no. 2, along with four others is an accused in the complaint case

filed by her alleging demand of dowry and torture. It has also been

alleged that the petitioner has married accused no. 5 (Sahnaj).
Patna High Court CR. MISC. No.23708 of 2019 dt.06-08-2019
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4. Learned counsel for the petitioner submitted that he is

still ready to keep the opposite party no. 2 with him but she is not

ready to come back and thus the allegations are concocted and

false.

5. Learned APP submitted that in the complaint itself, it

has been alleged that the petitioner has married accused no. 5. At

this juncture, when the Court called upon learned counsel for the

petitioner to ascertain as to whether he has married the accused

no. 5, learned counsel admits to such fact.

6. Learned APP further submitted that once within a few

months of the petitioner having married the opposite party no. 2,

him not taking any steps to get the opposite party no. 2 back and

further having remarried, itself shows that the allegations levelled

by the opposite party no. 2 in the complaint are not false and

frivolous.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. The interim provisional bail granted to the petitioner

earlier by order dated 16.04.2019 stands withdrawn. The bail
Patna High Court CR. MISC. No.23708 of 2019 dt.06-08-2019
3/3

bonds of the petitioner stand cancelled. He shall surrender before

the Court below within one week from today.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
U
T

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