Tanjir Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14038 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== TANJIR ANSARI Son of Latif Ansari Resident of Village- Dhokhraha, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Let the Defect no. 6 as pointed out by the office be ignored for the present.
Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Paharpur (Malahi) P.S. Case No. 118 of 2018, registered for the offences punishable under Sections 498A, 341, 323, 307, 324, 504, 506, 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
Allegation against petitioner (husband) including all FIR named accused persons is of assaulting and torturing the informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court CR. MISC. No.14038 of 2019(2) dt.07-03-2019 2/3 falsely implicated in this case. Petitioner has neither demanded dowry nor did he subject her to cruelty in any manner. There is no specific allegation against petitioner. Petitioner is in custody since 18.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Paharpur (Malahi) P.S. Case No. 118 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be
Patna High Court CR. MISC. No.14038 of 2019(2) dt.07-03-2019 3/3 at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U