Mustak Ansari @ Mustaka Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33429 of 2019 Arising Out of PS. Case No.-758 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Mustak Ansari @ Mustaka Ansari, Son of Ismail Ansari, Resident of Village - Nariyarwa Belwa Rai Tola, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Najma Khatoon, D/o Noor Hasan Ansari, Resident of Village - Bhanachak, P.S.- Majhauliya, Dist.- West Champaran.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C-758 of 2017, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Case is under Section 498-A of the IPC with an allegation of demand and torture.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care.

On the other hand, learned counsel for the opposite party no.2 has stated that she is ready to reside with the petitioner, if she is allowed to live with dignity and care. Having heard both sides, in view of the stand of both

Patna High Court CR. MISC. No.33429 of 2019(4) dt.18-09-2019 2/2 the parties, let the petitioner, above named, surrender before the learned court below by 27.09.2019 and on that day the opposite party no.2 shall also remain present in the Court. Further on filing of an affidavit by the petitioner that he is ready to keep her with dignity and care and to take her from the Court itself, then he will be released on provisional bail for a period of six months to the satisfaction of the court below. During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, and their marital relationship, especially the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner, otherwise, he is free to pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T