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Patna High CourtCR. MISC./9232/2020allowed

Majahid Ansari v. The State Of Bihar

2022-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9232 of 2020 Arising Out of PS. Case No.-27 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MAJAHID ANSARI S/o Abdul Rashid R/o village- Bithwan Resoolpur, P.S.- Dawth, District- Sasaram.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ambari Khatoon, Wife of Mujahid Ansari, D/o Sheikh Ansari, Village Tendua, P.S. Sabar, District Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2022 Heard learned counsel for the parties through virtual court proceedings.

The petitioner apprehends his arrest in Complaint Case No.27 of 2016, registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner, who is husband of the informant, is said to have ousted the informant from her matrimonial home in association of his family members over the dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner has neither made any dowry demand nor drove the informant out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep his wife with full honour and

Patna High Court CR. MISC. No.9232 of 2020(5) dt.07-02-2022 2/2 dignity. The petitioner has relied upon the judgment of this Court passed in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

Learned counsel for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rohtas at Sasaram in connection with Complaint Case No.27 of 2016, subject to the conditions 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 learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J.) Sanjay/- U T