Latif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15110 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- PIPRASI District- West Champaran ====================================================== LATIF ANSARI S/O NAVI ANSARI @ NABI ANSARI R/o villageGhorahwa, P.S.- Piprasi, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shamima Khatoon W/o Latif Ansari, D/o Idrish Ansari R/o village- Sisai, P.S.- Shikarpur, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Ms. Sharda Kumari, APP For the informant :

Mr. Shiv Kumar Dwivedy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 504, 307, 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is that the informant got the marriage of his daughter solemnized with the petitioner and after marriage, the petitioner started demanding Rs. 2 lakhs as dowry and due to non-fulfillment of the said demand, the petitioner tortured and assaulted the informant's daughter three times with hammer on her head and due to which the victim

Patna High Court CR. MISC. No.15110 of 2022(2) dt.11-07-2022 2/2 sustained injury.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Allegation against the petitioner is to assault three times with hammer but only one injury was found. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 11.06.2021.

Learned A.P.P. for the State as well as learned counsel for the informant opposed the bail petition of the petitioner. Learned counsel for the informant has submitted that in the injury report no dimension of injury was mentioned though the injury is grievous in nature on her head.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist, Bagaha, West Champaran, in connection with Piprasi P.S. Case No. 29 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T