Kalam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37098 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== Kalam Ansari, Son of Taslim Ansari, Resident of Village - Murarpur, P.S.- Harsidhi, Dist.- East Champaran.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Mobina Khatoon, w/o Kalam Ansari, r/o-Village-Sariswa Murarpur, P.S.- Harsidhi, Distt.-East Champaran.

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Harsidhi P.S. Case No.69 of 2019, G.R. No.1182 of 2019, for the offence punishable under Sections 341, 323, 498A, 204, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that marriage of informant was solemnized with the petitioner on 02.12.2017 and after some time the petitioner along with other family members started demanding one four wheeler vehicle, golden chain and cash as dowry from the informant and her family members and due to non-fulfillment of the demand of the accused persons, the informant was being tortured mentally as

Patna High Court CR. MISC. No.37098 of 2019(7) dt.18-10-2019 2/3 well as physically.

Learned counsel for the petitioner submits that the informant is not willing to live as wife of the petitioner and she has falsely implicated the petitioner and his family members in this criminal case with oblique motive. Learned counsel further submits that petitioner is ready and willing to keep the informant as his wife with full honour and dignity but despite service of notice upon Opposite Party No.2, she has chosen not to come before this Court.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there is general and omnibus allegation against the petitioner and his family members and despite service of notice, the informant did not appear before this Court, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.37098 of 2019(7) dt.18-10-2019 3/3 Chief Judicial Magistrate, East Champaran at Motihari, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T