MD MUSTAFA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application under section 482 of the Code of Criminal Procedure (in short "the Code?) has been filed for quashing the order dated 24.03.2015 passed by the learned District & Sessions Judge, Sheohar in Cr.Misc. No. 21 of 2014, whereby anticipatory bail granted to the petitioner vide order dated 18.04.2013 passed in A.B.P. No. 73 of 2012 in connection with Complaint Case No. C-1/273/12 has been cancelled.

(2.) The facts of the case, as stated in the complaint petition, is that the complainant was married to the petitioner on 07.05.2002 as per Muslim rites and customs and out of the said wed-lock, three sons and one daughter were born. The complainant was kept well in her marital home upto 2010 but thereafter the accused persons named in the complaint started demanding Rs.1,00,000/- (Rupees one lakh) in cash and a motorcycle. Since the father of the complainant had already died, the demand of dowry being made by the accused persons could not be fulfilled. This caused annoyance to the accused persons and they started subjecting the complaint to cruelty in various ways. They tried to kill her by setting her on fire but due to intervention of the people of the locality, her life could be saved and ultimately on 07.10.2012 she was kicked out of her marital home by the accused persons after retaining all her ornaments.

(3.) After conducting enquiry under section 202 of the Code, the petitioner was summoned to face trial for the offence punishable under section 498-A of the Indian Penal Code. As the petitioner apprehended his arrest in connection with the aforementioned complaint case, he filed an application under section 438 of the Code before the learned Sessions Judge, Sheohar being A.B.P. No. 73 of 2012.