Abid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41928 of 2023 Arising Out of PS. Case No.-32 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Abid Ansari Son Of Late Firoj Ansari R/V - Belaith Khap Tola, Ward No. 2, P.S. - Sagauli, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 504/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner on false pretext of marriage, several times made physical relation with her due to which she conceived pregnancy and gave birth of a baby boy. It is further alleged that the petitioner denied to marry to the informant and family members of the petitioner also demanded dowry demand for solemnization of marriage due to which panchayati was held and when father of the informant

Patna High Court CR. MISC. No.41928 of 2023(3) dt.08-08-2023 2/3 refused to fulfill the demand, petitioner's side assaulted the informant and her father by fits and slaps and denied to solemnize marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case and he has got no criminal antecedent. Both parties belong to Muslim community and there is consensual relation between them. The petitioner is ready to keep the informant/victim with proper honour and dignity as wife and informant/victim is also ready to live with the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 03.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sugauli P.S. Case No. 32 of 2020 on furnishing bail bond of

Patna High Court CR. MISC. No.41928 of 2023(3) dt.08-08-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Sadar Motihari, East Champaran.

The informant will be at liberty to file appropriate application before learned Court below for cancellation of bail bonds of the petitioner, if he fails to comply the undertaking given before this Court of keeping the informant/victim with full honour and dignity. (Sunil Kumar Panwar, J) Manishkumar/- U T