Hashnain Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42476 of 2023 Arising Out of PS. Case No.-3398 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
Hashnain Ansari S/O Vasir Ansari R/O Village- Budwaliya, Post Manihari, Ps. Bhabua, Dist. Kaimur At Bhabua 2.
Vasir Ansari @ Vasim Ansari S/O Izahar Ansari R/O Village- Budwaliya, Post Manihari, Ps. Bhabua, Dist. Kaimur At Bhabua 3.
Ayesha Bibi @ Ayasa Bibi W/O Vasir Ansari R/O Village- Budwaliya, Post Manihari, Ps. Bhabua, Dist. Kaimur At Bhabua ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Ambari Khatun W/O Hasnain Ansari, D/O Mohd. Jamaluddin Ansari R/O Village- Majhari, Post-Kathej, Ps. Mohania, Dist. Kaimur At Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Pandey For the Opposite Party/s :
Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the DP Act.
3. Petitioner no. 1, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her 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
Patna High Court CR. MISC. No.42476 of 2023(2) dt.04-08-2023 2/3 committed no offence. Petitioners have neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Petitioner no. 1 is husband of the complainant and petitioner no. 2 and 3 are father-in-law and mother-in-law of the complainant. He is still ready to keep the complainant with love and dignity. The petitioners have no criminal antecedent as mentioned in para-3 of the bail application.
5. In that view of the matter, let the above named petitioners, be released on bail, in the event of their 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) each 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. 3398 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner no. 1 is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below
Patna High Court CR. MISC. No.42476 of 2023(2) dt.04-08-2023 3/3 for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.
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. Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J) anand/- U T