Hazrat @ Hazarat Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20580 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -KATORIA District- BANKA ======================================================

1. Hazrat @ Hazarat Ansari Son of Sarif Mian, Resident of Village - Pidra,P.S. - Saraiyahat, District- Dumka (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case under sections 341, 323, 379 and 498-A/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. The complainant has alleged in the F.I.R. that she was married with the petitioner three years ago and she lived at her matrimonial home for about one and a half year and thereafter the accused persons started making demand of motor cycle and a cash of Rs. One lac and when the demand was not fulfilled, the accused persons started torturing her and deprived of her food and clothes. The informant gave birth to a male child and lastly she was ousted from her matrimonial home. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is ready to keep the informant with all

Patna High Court Cr.Misc. No.20580 of 2015 (2) dt.25-06-2015 dignity but the same is not acceptable to her. Further it has been submitted that the petitioner is ready to pay an amount of Rs.1500/- per month to the informant by way of maintenance which will be deposited in the court below and the same shall be released in favour of the informant.

On behalf of the State, it has been submitted that the petitioner is the husband of the informant and named in the F.I.R.

Considering the facts aforesaid, the petitioner is directed to deposit Rs.1500/- per month in the court below which shall be released in favour of the informant and on doing so, in the event of arrest or surrender of the petitioner, above named, within four weeks from the date of receipt/production of a copy of this order, the court below shall enlarge him on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoria (Jaipur) No. 168 of 2014, subject to all the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Sudhir Singh, J) Amin/- U