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Patna High CourtCR. MISC./36358/2020bail granted

Md. Ikbal @ Bulbul Ansari @ Md. Bulbul Ansari v. The State Of Bihar

2021-04-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36358 of 2020 Arising Out of PS. Case No.-492 Year-2018 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Md. Ikbal @ Bulbul Ansari @ Md. Bulbul Ansari (M), aged about 32 years, Son of Md. Ainul Ansari, Resident of Digwadih No.10, BBCL New Colony, P.S - Jorapokhar, District - Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sabila Khatoon (F), aged about 23 years, W/o Md. Ikbal @ Bulbul Ansari @ Md. Bulbul Ansari, Resident of Village Bhalui, P.O. Mananpur, P.S. Chanan, District Lakhisarai.

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2021 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.492C of 2018, registered under Section 498A of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the complainant made general allegation of demand of dowry and torture, but in fact the complainant does not want to live with the petitioner. The petitioner filed Original Suit No.678 of 2018 under Section 281 of Mohammadan Law for restitution of conjugal rights and the same was decreed on 01.02.2019. During pendency of the petition for restitution of conjugal

Patna High Court CR. MISC. No.36358 of 2020(2) dt.09-04-2021 2/2 rights, the wife of the petitioner filed the criminal case making allegation of demand of dowry and torture.

Taking into consideration the facts that the petitioner had earlier filed petition for restitution of conjugal rights in the year 2017 and thereafter his wife filed the present case making allegation of demand of dowry and torture, petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Lakhisarai in connection with Complaint Case No.492C of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T