Md. Sadrey Ansari v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7757 of 2019 Arising Out of PS. Case No.-147 Year-2016 Thana- Complaint Case District- Supaul ====================================================== Md. Sadrey Ansari, Aged About 35 years (Male), son of Md. Majid Ansari, resident of village- Surjapur, P.S.- Chhatapur, District- Supaul. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sadina Khatoon D/o Md. Najjo Ansari, wife of Md. Sadrey Alam, resident of village-Surjapur, P.S.- Chhatapur, District -Supaul; at present residing at village- Sukhanagar, P.S.- Pratapganj, District-Supaul. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mrs. Sangeeta Sharma Mr. Kuldeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

04-04-2019 Heard the parties.

The sole petitioner, husband of complainant/opposite party no. 2, apprehending his arrest in Complaint Case No. 147(C) of 2016 registered for offence under Section 498(A) of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

Earlier, on submission made on behalf of petitioner that petitioner was ready to keep his wife, by order dated 11.02.2019, notice was issued to opposite party no. 2. Accordingly, the opposite party no. 2/wife of the petitioner has appeared through her counsel Sri Kuldeep Kumar. Learned counsel for the complainant submits that if petitioner undertakes that he will keep the complainant with full

Patna High Court CR. MISC. No.7757 of 2019(3) dt.04-04-2019 2/2 dignity, as wife, she is ready to reside with him. Learned counsel for the petitioner agreed to the proposal of learned counsel for opposite party no. 2. Accordingly, there is no reason to refuse the prayer for anticipatory bail.

In the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Md. Sadrey Ansari be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri B. Bhushan, learned Judicial Magistrate, 1st Class, Birpur, District- Supaul in connection with Complaint Case No. 147(C) of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. with following condition:- "If after being released on bail, the petitioner administers any torture on opposite party no. 2, the opposite party no. 2 would be at liberty to file one page affidavit in the present case, so that this Court may recall the present order."

With above condition, the anticipatory bail petition stands allowed.

(Rakesh Kumar, J.) anay U T