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Patna High CourtCR. MISC./27470/2019disposed

Md. Imran @ Md. Imran Ansari v. The State Of Bihar

2019-07-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27470 of 2019 Arising Out of PS. Case No.-970 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Imran @ Md. Imran Ansari, Son of Md. Aslam Ansari, Resident of Village- Datta Tola, Forbesganj, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nusrat Praveen @ Nusrat Khatoon, Wife of Md. Imran @ Md. Imran Ansari, Daughter of Sohrab Khan, Resident of Village- Azad Nagar, Ward No. 19, Araria, P.S.- Araria, District- Araria.

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.970-C of 2018, disclosing offences under Section 498A of IPC and Section 4 of Dowry Prohibition Act.

As per complaint petition there is allegation leveled by the wife of the petitioner is that after the marriage she was subjected to abuse and assault for demand of Rs.2,00,000/- and he has also terminated her pregnancy.

Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care. On the other hand, learned counsel for the opposite party no.2 has submitted that she is not ready to reside with the petitioner as she was subjected to abuse and assault during the

Patna High Court CR. MISC. No.27470 of 2019(4) dt.16-07-2019 2/2 pregnancy and it has also been submitted that opposite party no.2 has already filed Maintenance Case No.221 of 2018 in the year 2018 but up till now petitioner has not appeared in that case.

Having heard both sides, in view of the facts and circumstances, as stated above, let the provisional bail granted to the petitioner, vide order dated 26.04.2019 by a Co-ordinate Bench of this Court is confirmed on condition that petitioner has to appear before the Principal Judge, Family Court, Araria in the above maintenance case by next date, i.e., 18.07.2019 and cooperate in disposal of the same and further he will be abide by any order either interim or final passed by the learned Family Court, unless that order is set aside or revise, otherwise the opposite party no.2 is at liberty to move for cancellation of his bail bonds before the court below itself.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T