Patna High CourtCR. MISC./19177/2019bail granted

Ashik Hussain Ansari v. The State Of Bihar

2019-05-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19177 of 2019 Arising Out of PS. Case No.-6 Year-2018 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Ashik Hussain Ansari Son of Md. Motim Ansari Resident of Village - Sursand, Ward No. - 06, P.S.- Sursand, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party No. 2 : Mr. Alok Kumar, Advocate.

For the State : Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 498A, 504, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-12-2018. The petitioner has falsely been implicated in the present case due to petty family dispute. The offences are triable by the Magistrate. The

Patna High Court CR. MISC. No.19177 of 2019(5) dt.09-05-2019 2/2 petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, 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 learned I/C Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 06 of 2018.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T