Md. Noor Alam Ansari @ Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53230 of 2021 Arising Out of PS. Case No.-2152 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD. NOOR ALAM ANSARI @ MD. NOOR ALAM Son of Md. Mazlum Ansari @ Md. Majloom Ansari Resident of Village - Aijni, P.S. Khodawandpur, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jahana Khatoon Wife of Md. Noor Alam Ansari @ MD. Noor alam, Daughter of Mr. Saabir Hussain Resident of Village - Makhachak, Ward no. 6, P.s. Bakhri, District - Begusarai.

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in Complaint Case No. 2152C of 2019 in which cognizance has been taken under sections 323, 341, 504 and 498(A) of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of

Patna High Court CR. MISC. No.53230 of 2021(2) dt.29-10-2021 2/3 dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 2152C of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.53230 of 2021(2) dt.29-10-2021 3/3 make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T