Babib Ansari @ Habib Ansari And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.160 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================

1. BABIB ANSARI @ HABIB ANSARI, Son of Late Jalim Ansari,

2. Saimun Khatoon, Wife of Habib Ansari,

3. Naema Khatoon @ Nusrat Khatoon, Wife of Akbar Ansari, All are resident of Village- Jhajhihar Mahima, P.S.- Pupri, District- Sitamarhi. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 498(A) and 494/34 of the Indian Penal Code.

The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.160 of 2018 (2) dt.05-01-2018 2/2 present case. The case is triable by the Magistrate. The petitioners are the family members of the husband of victim. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Pupri P.S. Case No.186 of 2017, G.R. No.761/2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T