Md. Jamil Ansari @ Md. Jamil Hussain Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8144 of 2018 Arising Out of PS.Case No. -980 Year- 2017 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Md. Jamil Ansari @ Md. Jamil Hussain Ansari, S/O Sahim Ansari, R/VChak Mahmuda, P.S. Maharajganj, District-Siwan. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rukshana Khatoon, W/O Md. Jamil Ansari @ Md. Jamil Hussain Ansari, D/O Kalimullah Ansari, R/V- Chak Mahmuda, P.S.

Maharajganj, District-Siwan. At present- R/V- Hilsar-51 Tola, P.S. Bhagwanpur Hat, District-Siwan.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Binay Kumar, Advocate. For the State : Mr. Md. Arif, A.P.P. For the O.P. No. 2 : M/S. Ajay Kumar Pandey and Sandeep Kumar, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 406, 307, 354, 324 and 504/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.8144 of 2018 (2) dt.09-02-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report to support the allegations in respect to offence under Section 307 of the IPC. The petitioner has further 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.

A joint prayer has been made on behalf of the parties that the petitioner and opposite party no. 2 want to live together. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Siwan, in connection with Complaint Case No. 980 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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