Md. Salim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34550 of 2019 Arising Out of PS. Case No.-530 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Md. Salim Ansari Son of Badari Ansari Resident of Village- Bhorha, Ward No. 15, P.O.- Anahari, P.S.- Riga, District- Sitamarhi. 2.

Hasina Khatoon W/O- Md. Salim Ansari Resident of Village- Bhorha, Ward No. 15, P.O.- Anahari, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nemat Khatoon W/O- Nazammuddin Ansari Resident of Village- Bhorha, P.O.- Anahari, P.S.- Riga, District- Sitamarhi. Present Address- D/O Md. Shakoor Ansari, R/O Village- Piparadhi, P.S.- Sursand, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Mishra For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for anticipatory bail apprehending their arrest in connection with Complaint Case No. 530 of 2018 registered for the offence under Section 498A of the Indian Penal Code.

As per the allegations in the complaint filed under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, the complainant was married to the son of the petitioner nos. 1 and 2 in the year 2012.

Patna High Court CR. MISC. No.34550 of 2019(2) dt.28-05-2019 2/3 It is submitted on behalf of the petitioners that there is general and omnibus allegation of demand of dowry, assault and forcing the complainant out of the house. It is submitted that out of the wedlock a son namely, Rehan was born. It is further submitted that the petitioners in the instant application are father-in-law and mother-in-law of the complainant. There is no direct and specific allegation against the petitioners and the allegations as narrated in the complaint are false. Learned APP for the State opposes the bail application and submits that the petitioners are equally responsible for proper keeping of the complainant in her matrimonial house.

Having heard the learned counsel for the petitioners and the learned APP for the State, in view of the facts and circumstances stated herein above, I am inclined to enlarge the petitioners on bail. Let the petitioners namely, (1)Md. Salim Ansari (2) Hasina Khatoon surrender in the Court below within six weeks from today. In case of their arrest or surrender, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No.

Patna High Court CR. MISC. No.34550 of 2019(2) dt.28-05-2019 3/3 conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U