Faiyaz Ahmad @ Faiyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21038 of 2019 Arising Out of PS. Case No.-131 Year-2017 Thana- JOGAPATTI District- West Champaran ====================================================== FAIYAZ AHMAD @ FAIYAZ ANSARI, Son of Late Hadish Ansari, Resident of Village - Patilar Mishrauli Tola, P.S.- Chowtarwa, Distt.- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Husne Ara, W/o Faiyaz Ahmad @ Faiyaz Ansari, D/o Maulana Manjur Resident of Village - Dabelwa, P.S.- Yogapatti, Distt.- West Champaran at Present Husne Ara, D/o Maulana Manjur, Resident of Village - Dihi Geralpur, P.S.- Yogapatti, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Yogapatti P.S. Case No.131 of 2017 instituted for the offence under Section(s) 341, 323, 498-A, 379 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It is alleged in the written report that informant was married with the petitioner according to Muslims rights and customs. She was tortured in her Sasural for motorcycle. It is alleged that on 30.06.2016 they tried to kill her, but her Naihar people came and took her to Naihar. It is further alleged that on

Patna High Court CR. MISC. No.21038 of 2019(2) dt.04-04-2019 2/2 18.01.2017 Panchayati was called, but petitioner was not ready for Panchayati. On 14.02.2017, accused persons came to her father's house and assaulted them and gave threat. Counsel for the petitioner submits that on 11.04.2018 the petitioner and the informant got mutual divorce with Islamic rituals and they are now free to live separate life. (Annexure-2). In the written report, there is general and omnibus allegation against the petitioner.

Petitioner is in custody since 28.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No.131 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T