Nitish Jamadar vs The State Of Bihar And Anr on 13 August, 2019

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Patna High Court - Orders

Nitish Jamadar vs The State Of Bihar And Anr on 13 August, 2019

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10962 of 2019
                      Arising Out of PS. Case No.-43 Year-2017 Thana- MAHILA P.S. District- Nalanda
                 ======================================================
                 NITISH JAMADAR S/o Vijay Bind @ Vijay Jamadar resident of village-
                 Parasi P.S. Bena, Dist.- Nalanda
                                                                 ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Phula Devi W/o Nitish Jamadar D/o Shri Bind resident of village-Parasi P.S.
                  Bena District Nalanda at present resident of village and P.S. Bind District
                  Nalanda.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pankaj Kumar
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

8   13-08-2019

The petitioner apprehends his arrest in connection with Mahila P.S.Case No. 43 of 2017 registered under Sections 323, 341, 494, 498A, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, is that marriage of the informant was solemnised with the petitioner on 17.05.2010 and after marriage, petitioner along with others demanded dowry of a sum of Rs. One lac, but anyhow father of the informant gave Rs. 25,000/- to her father-in-law and to pay rest amount of Rs. 75,000/-, father of the informant took some time. But due to non-fulfillment of the same, informant was being tortured psychically and mentally by the petitioner and others.

Learned counsel for the petitioner submits that petitioner Patna High Court CR. MISC. No.10962 of 2019(8) dt.13-08-2019 2/2 was granted bail by the police.

In view of submission made by the petitioner and the law laid down by this Court in case of Mahendra Prasad Singh vs. The State of Bihar reported in 2004(3)PLJR 491 and of; Ram Vilas Singh vs. The State of Bihar reported in 2008(3) PLJR 253, the present anticipatory bail application is not maintainable inasmuch as this Court has held that when the case is initially for non-bailable offences wherein the accused is taken into custody and then is released on bail by the police, his application for anticipatory bail, on the ground that he has an apprehension of arrest in the case, cannot be held to be maintainable. The petitioner must honour the terms of the police bail and appear before the court without any delay. As such in case, the petitioner appears before the court below within six weeks then the court below shall consider his prayer for bail keeping in view the well established principle that a person, who is already on bail, shall not be denied such privilege unless there is any allegation of misuse, etc. Accordingly, this application is disposed of.

(Anil Kumar Sinha, J) sujit/-

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Patna High Court - Orders