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Patna High CourtCR. MISC./8473/2019disposed

Md. Salamuddin Ansari @ Salamuddin Ansari v. The State Of Bihar And ANR

2019-06-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8473 of 2019 Arising Out of PS. Case No.-636 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md. Salamuddin Ansari @ Salamuddin Ansari, S/o Nasruddin Mian @ Nathuni Mian, Resident of Village- Vishunpur, Police Station- Pipra, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Farhat Athar, D/o Tahir Hussain, Resident of Village- Kalyanpur, Police Station - Kalyanpur, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C 636 of 2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation as per complaint petition against the petitioner is of subjecting his wife with cruelty and also assaulting her for demand of a four wheeler and Rs.2,00,000/-. Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care and the whole allegation is false and concocted.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has submitted that she is also

Patna High Court CR. MISC. No.8473 of 2019(4) dt.28-06-2019 2/2 ready to reside with the petitioner, if she is allowed to live with dignity and care.

In view of the stand of both the parties, this application is disposed of with direction to the petitioner to surrender before the learned court below by 08.07.2019 and on that day, the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he will keep her with dignity and care and will not subject her with any cruelty in future, then the petitioner shall be released on provisional bail for a period of six months. During that period, both the parties shall appear in the second week of each month before the learned court below so that the court below see the conduct of both the parties. Once if the learned court below is satisfied with the conduct of the parties, the provisional bail of the petitioner shall be confirmed, otherwise the court below is free to pass any order or as it may fit and proper, including cancelling the bail of the petitioner.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T