Nasrullah Ansari @ Nasrullah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33854 of 2015 Arising Out of PS.Case No. -1000 Year- 2010 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Nasrullah Ansari @ Nasrullah Son of Late Wali Mohammad Ansari resident of village Sekhauna, P.S. - Ghodasahan, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Samima Khatoon W/o Nasrullah Ansari @ Nasrullah, D/o Allauddin Ansari , Resident of Vill- Sekhauna , P.S.- Ghodasahan , Dist. - East Champaran at present village Rampur, P.S. Chiraiya, Dist. East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner is languishing in jail custody since 22.05.2015 in connection with T.R. No. 3609 of 2014 arising out of Complaint Case No. 1000 of 2010 for offences alleged under Section 498A of the Indian Penal Code.

The prosecution case as made out by the complainant is that the marriage of the complainant was performed with the petitioner on 24.02.2007. On which occasion motor-cycle, cash Rs. 80,000/- gold, silver, utensils, furniture etc was given to the petitioner. The complainant gave birth of a female child. Thereafter the accused were raising demand of Rs. 50,000/- as

Patna High Court Cr.Misc. No.33854 of 2015 (2) dt.19-08-2015 2/2 dowry. When the father of the complainant refused to fulfill the same, on 01.08.2010 the accused persons assaulted and ousted her from the matrimonial house and snatched child from her lap. It has been submitted by the counsel for the petitioner that he is innocent and is ready to keep his wife/complainant i.e. Samima Khatoon, with him if she wishes to stay with him. Under such circumstances, let the petitioner namely, Nasrullah Ansari @ Nasrullah, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Sikrahna, Motihari in Tr. No. 3609 of 2014 arising out of Complaint Case No. 1000 of 2010.

It is further observed that the petitioner on his release will appear before the Judicial Magistrate, Sikrahna, Motihari in Tr. No. 3609 of 2014 on the earliest date so fixed and fulfill the committed promise of keeping his wife/complainant. The learned Court below shall ensure the appearance of the petitioner and his wife/complainant before itself so that the said commitment made by the petitioner be honoured if the wife/complainant so wishes to stay with the petitioner.

(Nilu Agrawal, J) Prakash/- U