Salahuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14771 of 2019 Arising Out of PS. Case No.-30 Year-2013 Thana- PIRO District- Bhojpur ====================================================== Salahuddin Ansari, Son of Najabuddin Ansari Resident of Village and P.O.- Baligaon, Police Station- Ayar, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2019 The petitioner apprehends his arrest in connection with Piro P.S. Case No. 30 of 2013 registered under Section 498(A) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The allegation against the petitioner is that complainant/informant has got married to the petitioner on 23.03.2012 and went to her matrimonial house. It has further been alleged that after few days, he started demanding Rs. 2,00,000/- as dowry along with a Hero Honda Motorcycle and when demand was not fulfilled, the petitioner started to torture her mentally and physically.

Learned counsel for the petitioner submits that petitioner is innocent and ready to keep his wife with full honour and dignity. Learned counsel for the petitioner also tries to draw the

Patna High Court CR. MISC. No.14771 of 2019(6) dt.15-07-2019 2/3 attention of this Court that from the impugned order of the court below, the petitioner tried to explore the possibility of settlement before the court below, but informant, who is wife of the petitioner, did not appear. He further submits that notice by this Court was also issued to the informant but despite valid service of notice, she did not bother to appear before this Court. Learned counsel for the petitioner submits that allegation against the petitioner is general and omnibus in nature and the petitioner deserves the privilege of anticipatory bail in the matter.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner is ready to keep his wife with full honour and dignity and further petitioner was present to explore the possibility of settlement before court below and O.P. No.2, who is wife, did not turn up before this Court, despite valid service of notice, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.14771 of 2019(6) dt.15-07-2019 3/3 learned Sub Divisional Judicial Magistrate, Bhojpur, Ara in connection with Piro P.S. Case No. 30 of 2013; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Sujit/ S. Katyayan/- U T