Aroz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19550 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -MAHILA P.S. District- PURNIA ======================================================

1. Aroz Ansari, Son of Babul Ansari @ Md. Babul, Resident of Milan Para, Police Station- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 60 of 2017 registered for the offences punishable under Sections 376 and 420 of the Indian Penal Code. The accusation against the petitioner is that he forcibly committed rape upon the informant on false promise of marriage. He continued sexual relationship with the informant but subsequently, solemnized his marriage with the informant. However when the informant went to her in-laws house, the family members of the petitioner demanded Rs. 5,00000/- as dowry and informant was ousted from her matrimonial home. It would appear from perusal of the first information

Patna High Court Cr.Misc. No.19550 of 2018 (2) dt.04-05-2018 2/2 report that the informant was a consenting party and no case either under section 376 or section 420 is made out and so far as demand of dowry and torturing is concerned, the same is not against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Sub Divisional Judicial Magistrate, Purnea in Mahila P.S. Case No. 60 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U