Md. Mojahid Ansari @ Mujahid @ Mojahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13159 of 2020 Arising Out of PS. Case No.-293 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MD. MOJAHID ANSARI @ MUJAHID @ MOJAHID S/O Late Md. Main Ansari R/O Village - Palsi Patengna, Wad No. 14, P.S. - Tarabari, District - Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Raushan Ara @ Reshmi W/O Md. Mojahid Ansari @ Mojahid D/O Md. Suleman Ansari R/O Village - Palsi Patengna, Wad No. 14, P.S. - Tarabari, District - Araria.

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2020 Heard both sides.

Petitioner seeks bail in Complaint Case No.293C of 2018 registered under Section 498A of the IPC and under Section 4 of the Dowry Prohibition Act.

The gist of the allegation is that the petitioner being the husband subjected his wife (complainant) to different sorts of torture due to non-fulfilment of demand of dowry and ultimately the petitioner drove her out from the house. Learned counsel for the petitioner submits that on account of some misunderstanding that the petitioner has got illicit relationship, the complainant filed the case. The petitioner is in jail since 23.12.2019.

Patna High Court CR. MISC. No.13159 of 2020(2) dt.03-03-2020 2/2 On the other hand, learned counsel for the complainant vehemently opposed the prayer for bail and submitted that the petitioner was granted anticipatory bail on condition that the petitioner would pay Rs.5000/- as maintenance to his wife but the petitioner did not obey the order of the court.

It is submitted that the petitioner is not in a position to pay Rs.5000/- per month to his wife.

Having considered the facts and the nature of allegations made against the petitioner and the fact that the petitioner has remained in jail for more than two months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case No.293C of 2018.

(Prabhat Kumar Jha, J) Harish/- U T