Usman Ansari v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11369 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== USMAN ANSARI S/o Molajim Ansari village- Mallupur, P.S-Pachrukhi, District- Siwan.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Sahima Khatoon W/o Usman Ansari village-Mallupur, P.S-Pachrukhi, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Pachrukhi P.S. Case No. 167 of 2018, registered for the offences punishable under Sections 341, 323, 307, 498(A), 504, 506/34 of the Indian Penal Code and Section 3/ 4 of Dowry Prohibition Act.

Allegation as per complaint petition is on demand of rupees on lac and motorcycle subjecting her torturing. There is specific allegation of assault by the accused persons with intention to kill her. Petitioner happens to be the husband of the complainant.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care. No injury report is

Patna High Court CR. MISC. No.11369 of 2019(7) dt.02-09-2019 2/2 available on the record and as such no offence is made out under Section 307 of the I.P.C and other allegation levelled against petitioner and other co-accused are general and omnibus. In this case notice was issued twice and report of process server disclosed that the father of the opposite party No. 2 refused to take the notice and further report shows that O.P. No.2 does not reside at the place for last six months.

Heard both sides. In view of the above facts and circumstances, let petitioner, above named in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned S.D.J.M., Siwan in connection with Pachrukhi P.S. Case No.167 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T