Patna High CourtCR. MISC./5628/2023bail granted

Md. Ansar @ Md. Ansar Khan v. The State Of Bihar

2023-07-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5628 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Ansar @ Md. Ansar Khan Son of Md. Tunna Khan R/O Village - Driver Tola (Near Amiruddin School), P.S.- Katihar, District - Katihar. ... ... Petitioner/s

Versus

The State of Bihar 2.

Sobi Khatoon Daughter of Kalimuddin W/O Md. Ansar, R/O Village - Naya Tola (Sonauli), P.O.- Sonauli, P.S.- Kadwan, District - Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 IA no. 01 of 2023 IA No. 01 of 2023 is jointness petition filed on behalf of. Notice has been received by the mother of opposite party no. 2. OP no. 2 is residing with her mother. Therefore, the notice may be treated as validly served.

The notice be deemed to be validly served. Accordingly, IA no. 01 of 2023 is allowed.

Despite valid service of notice, none appears on behalf of OP no. 2.

2. Heard counsels for the parties.

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 135 of 2022 for the

Patna High Court CR. MISC. No.5628 of 2023(6) dt.28-07-2023 2/3 offence registered under Section 498(A) of the I.P.C. and 4 of the Dowry Prohibition Act.

4. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-fulfillment of demand of dowry.

5. It is submitted on behalf of petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is general and omnibus allegation of torture and harassment. Petitioner is husband of the complainant and he is ready to keep his wife (complainant) with full honour and dignity. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has further relied upon 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. Petitioner has got clean antecedent.

6. Counsel for State however vehemently opposed the prayer for bail.

7. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above-named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on

Patna High Court CR. MISC. No.5628 of 2023(6) dt.28-07-2023 3/3 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Katihar in connection with Complaint Case No. 135 of 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) vinita/- U T