Shamim Ansari @ Shamim Warsi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37619 of 2022 Arising Out of PS. Case No.-266 Year-2020 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SHAMIM ANSARI @ SHAMIM WARSI SON OF KHALIL ANSARI RESIDENT OF VILLAGE- BARADIH, P.S.- TILAUTHU, DISTRICTROHTAS ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RUKSANA KHATOON @ ROKHSANA PRAVEEN WIFE OF SHAMIM ANSARI @ SHAMIM WARSI, D/O- SHAMIM ANSARI @ CHUNNU ANSARI RESIDENT OF VILLAGE- MAHARAJGANJ, P.S.- TILAUTHU, DISTRICT- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP.
Mr. Sunil Kumar Pandey, Adv.
Mr. Nagendra Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.
3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no
Patna High Court CR. MISC. No.37619 of 2022(4) dt.08-01-2024 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He has also filed divorce case on 20.08.2020 being Matrimonial Case No. 129 of 2020 in the Court of Principal Judge, Family Court, Rohtas, Sasaram. Petitioner has no criminal antecedent.
5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 266(C) of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment shall
Patna High Court CR. MISC. No.37619 of 2022(4) dt.08-01-2024 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T