Akbar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5631 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -PUPRI District- SITAMARHI ====================================================== Akbar Ansari, son of Habib Ansari, resident of village- Jhajhihar Mahima, P.S.-Pupri, District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shankar Kumar, Advocate For the State : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Pupri P.S. Case No.186 of 2017 registered under Sections 341, 323, 498A and 494/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that there is no truth behind the allegations made in the FIR. As a matter of fact, the parties took Talak in presence of Punches and more than six months thereafter a false and fabricated case has been instituted against the petitioner.

On the other hand, learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that the petitioner being husband is alleged to have

Patna High Court Cr.Misc. No.5631 of 2018 (2) dt.09-02-2018 2/2 subjected the informant to cruelty and ousted her from the matrimonial home.

Keeping in mind the fact that only non-bailable offence is Section 498A of the Indian Penal Code and the petitioner is said to be a man of clean antecedent, in the event of arrest or surrender in the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S. Case No.186 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T