Md. Irfan Ansari @ Irfan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11426 of 2023 Arising Out of PS. Case No.-419 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Md. Irfan Ansari @ Irfan Ansari, S/O Imeteyaz Ansari, R/v- Ghaghar, P.S.- Sherghati, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Imrana Khatoon, W/O Md. Irfan Ansari @ Irfan Ansari, R/v- Ghaghar, P.S.- Sherghati, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the State :

Mr. Md. Fahimuddin, APP For the O.P.No.2 : Mr. Md. Javed Jafar Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-04-2024 Heard Mr. Sudhir Kumar Sinha, learned counsel for the petitioner, Mr. Md. Javed Jafar Khan, learned counsel for the informant-opposite party no.2 and Mr. Md. Fahimuddin, learned APP for the State.

2. By filing this application, the petitioner has renewed his prayer for bail in connection with Sherghati P.S. Case No.419 of 2018 registered for the offences under Sections 341, 323, 307, 504 and 498(A)/34 of the Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 06.05.2022 passed in Cr.Misc.No.65111 of 2021. Petitioner is in custody since 02.07.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.11426 of 2023(3) dt.10-04-2024 2/3

4. Learned counsel for the petitioner and informant both have jointly submitted to this Court that in the interest of maintaining harmonious matrimonial relationship they have entered into a compromise and have decided to live together, therefore, the opposite party no.2 would not object grant of bail to the petitioner.

5. Learned APP for the State having understood the kind of dispute and this being a case of matrimonial discord between the parties and now the parties are willing to live together, has not opposed the application.

6. Having regard to the aforementioned submissions and the materials brought before this Court, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, District-Gaya in connection with Sherghati P.S. Case No.419 of 2018, subject to the condition as laid down under Section 437 (3) Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for

Patna High Court CR. MISC. No.11426 of 2023(3) dt.10-04-2024 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T