Abdul Ansari @ Md. Abdul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21727 of 2023 Arising Out of PS. Case No.-107 Year-2021 Thana- THAKURGANJ District- Kishanganj ====================================================== Abdul Ansari @ Md. Abdul Ansari, aged about 30 years, Male Son of Chakku Ansari, Resident of Village- Pandua Sharif, Bari Dargah, Salami Gate, Momin Para, P.S.- Gajol, District- Maldah (West Bengal). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Khatoon, Daughter of Md. Islamuddin, Resident of Village- Basir Nagar, Ward No.-11, Post Office- Thakurganj, P.S- Thakurganj, DistrictKishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hoda, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Thakurganj P.S. Case No. 107 of 2021 dated 10.08.2021 instituted for offence punishable under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. The allegation against the petitioner is demand of dowry, torture and also ousted the informant from her matrimonial house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.21727 of 2023(6) dt.30-08-2023 2/3 allegation against the petitioner is general and omnibus in nature. Petitioner has no criminal antecedent. The petitioner undertakes to make payment of Rs. 3,000/- (three thousand) per month to the informant as maintenance amount.

5. Learned APP for the State assisted by learned counsel for the informant opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S. Case No. 107 of 2021, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973 with the following conditions.

(i) The petitioner shall make payment of Rs. 3,000/- (three thousand) per month to the informant till disposal of the case.

(ii) The petitioner will remain present on each and every date fixed by the Court below.

Patna High Court CR. MISC. No.21727 of 2023(6) dt.30-08-2023 3/3 (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) Anand Kr.

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