Saddam Ansari @ Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22204 of 2022 Arising Out of PS. Case No.-2512 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SADDAM ANSARI @ SADDAM HUSSAIN Son of Waheed Ansari @ Abdul Wahid Ansari Resident of Village - Babhnaulia, P.S.- Turkaulia, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Saleha Khatoon Wife of Saddam Ansari Resident of Village - Babhnaulia, P.S.- Turkaulia, District - East Champaran. At present residing at Village - Dubarbana, P.S.- Pakridayal, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-05-2022 Heard learned counsel for the parties.

The petitioner seeks anticipatory bail in connection with Motihari Complaint Case No. 2512 of 2018, registered for the offences under Section 498A, 323 and 406 of the Indian Penal Code.

In view of the statement made in para 7 of the bail petition, specific statement was made that the petitioner is ready to keep opposite party no. 2 with full honour and dignity. Learned counsel for the opposite party no. 2 submits that opposite party no. 2 is also ready to live with petitioner. In such view of the matter, the petitioner is directed to

Patna High Court CR. MISC. No.22204 of 2022(2) dt.06-05-2022 2/3 visit his sasural and take opposite party no. 2 with him before 23.05.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile number to opposite party no. 2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs. 10,000/-(Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Motihari Complaint Case No. 2512 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and opposite party no. 2 will again appear before the learned Court below. The Court below will verify the conduct of petitioner and opposite party no. 2 and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancel the same in the facts of the case.

Patna High Court CR. MISC. No.22204 of 2022(2) dt.06-05-2022 3/3 Till the filling of the application by both the parties in the Court below, the petitioner shall not be arrested in connection with present case.

With the aforesaid observations and directions, this bail application is allowed.

(Sandeep Kumar, J) siddharthkr/- U T