Md. Shahabuddin Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54895 of 2016 Arising Out of PS.Case No. -984 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Md. Shahabuddin Ansari, Son of Md. Dildar Hussain, resident of VillageLala Amauna, Police StationDaudnagar, DistrictAurangabad.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Ruhi Glanaj D/o Khali Ansari, H/O Shahabuddin Ansari, resident of Village Lala Amauna, Police Station- Daudnagar, District- Aurangabad. At present Address:- Nawadih Road Nagar Thana District- Aurangabad. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 984 of 2015 (T.R. No.1797 of 2016) for the offences instituted under Sections 147, 323, 366, 498(A), 504 of the Indian Penal Code and Section 3/4 of D.P. Act. The allegation against the petitioner is that he along with other accused persons subjecting physical and mental cruelty upon the complainant due to non-fulfillment of the demand of dowry and lastly ousted her from her matrimonial home. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.54895 of 2016 (3) dt.02-03-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. Both the parties are present in the court. It has jointly been prayed on behalf of the petitioner and complainant that they have mutually agreed to stay together.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 984 of 2015 (T.R. No.1797 of 2016) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The complainant shall be present on the date of surrender of the petitioner and thereafter the bail bond furnished by the petitioner shall be accepted and further petitioner will take complainant along with him to keep her as wife with full respect and dignity.

(Sudhir Singh, J) Amit/- U T