Md. Afsar Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15007 of 2017 Arising Out of PS.Case No. -659 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Afsar Ansari, son of Md. Masleuddin, resident of village- Rampur Dakshin, Ward No.13, Police Station- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Noorjahan Khatoon, daughter of Md. Samsul Ansari, resident of villageRampur Dakshin, Ward No.11, Police Station- Forbesganj, DistrictAraria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 659 of 2016 instituted for the offence under Sections 498A, 323, 379, 504, 506/34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

Both husband and wife are present in Chamber along with their minor son aged about three years.

The matter was earlier sent to Mediation Centre but no settlement between the parties could be arrived at. The petitioner (husband) is not ready to keep his wife (opposite party No. 2).

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.15007 of 2017 (5) dt.09-10-2017 2/2 in the Mediation Centre, the proposal was made by the counsels of both side and the Mediator that petitioner should pay Rs.6,00,000/- to the opposite party No. 2 as one time settlement, so that she may get Rs.6,000/- per month as interest for maintenance of herself and her minor son, but petitioner is not ready for the same.

It has been submitted on behalf of the opposite party No. 2 (wife) that she is ready for one time settlement but the petitioner (husband) did not agree to give appropriate amount of maintenance to her and her minor son.

Today also the petitioner has stated that he is neither in a position to give aforesaid amount of maintenance to the opposite party No. 2 nor he is ready to keep the wife and son with him.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T