Mustakim Ansari v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.21052 of 2015 (3) dt.07-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21052 of 2015 Arising Out of PS.Case No. -15 Year- 2014 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mustakim Ansari Son of Bagar Ansari Resident of Village - Sarotar, P.S. - Dumariya Ghat, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ruksana Khatoon, Wife of Mustakim Ansari, Daughter of Ahmad Miya Resident of Village - Damo Birti, P.S. - Harsidhi, District - East Champaran.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Jitendra Kumar Rai 1 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Dumariya Ghat P.S. Case No. 15 of 2014 registered for the offences punishable under Section 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Earlier the notice, so issued was received by the opposite party no. 2 but she refused to put her signature on the service report. The said notice be considered to be validly served. Despite service of notice, no one appears on behalf of the opposite party no. 2 to contest the matter till date.

Patna High Court Cr.Misc. No.21052 of 2015 (3) dt.07-01-2016 Learned counsel for the petitioner submits that petitioner is ready and willing to keep the opposite party no. 2 with full dignity and honour. It is further submitted that general and omnibus allegation has been leveled against the petitioner. Considering the aforesaid submissions and also the fact that no one appears on behalf of the opposite party no. 2 to contest the application, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Dymariya Ghat P.S. Case No. 15 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T