Patna High CourtCR. MISC./32727/2014bail granted

Abdul Hanan Ansari @ Abdul Hannam v. State Of Bihar And ANR

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32727 of 2014 Arising Out of PS.Case No. -90 Year- 2013 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Abdul Hanan Ansari @ Abdul Hannam Son of Abdul Rajak Resident of village - Ghanghaur, P.S. Babubarhi, District - Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also heard learned counsel for the informant.

The petitioner apprehends his arrest in connection with Babubarhi P.S. Case No. 90 of 2013 in which, cognizance has been taken under Section-498A of the Indian Penal Code and Section-3/4 of Dowry Prohibition Act.

The petitioner is husband of the informant and according to submission on his behalf, his marriage was solemnized with the informant eight years ago but the informant does not want to lead her conjugal life with the petitioner. It is further informed that the informant filed Maintenance Case i.e. M.R. No. 310 of 2013 and according to direction of the concerned

Patna High Court Cr.Misc. No.32727 of 2014 (2) dt.09-02-2015 2/2 court, the petitioner is making payment of Rs 2,000/- per month to the informant and Rs 1000/- to the children.

The contention on behalf of the informant is that the petitioner is not making payment of maintenance since last three months.

Considering the above-said facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Babubarhi P.S. Case No. 90 of 2013 to the satisfaction of Chief Judicial Magistrate, Madhubani subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T