Ashraf Ansari @ Asafr Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5663 of 2020 Arising Out of PS. Case No.-2163 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== ASHRAF ANSARI @ ASAFR ANSARI Son of Late Ijhar Ansari Resident of Village- Kawlapur, Ward No.14, P.O. and P.S.- Yogapatti, Distt- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sakina Khatoon W/o - Ashraf Ansari @ Asafr Ansari, D/o Ali Imam Ansari Permanent resident of Village- Kawlapur, Ward No.14, P.O. and P.S.- Yogapatti, Distt- West Champaran, at present resident of Village- Khardeur Mahna, P.O. Chanpati, Distt- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Sachida Nand Rai, Advocate For the State :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has relied upon

Patna High Court CR. MISC. No.5663 of 2020(4) dt.09-03-2021 2/2 the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with S.C. No.1274 of 2019 arising out of Complaint case No.2163C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

Narendra/- (Sudhir Singh, J) U T