Md. Manir Ansari @ Manir Ansari @ Md. Manir Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.99 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -CHIRAIYA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Md. Manir Ansari @ Manir Ansari @ Md. Manir Alam, S/o Late Mustafa Ansari, R/o Village - Madhopur Mahuawa, P.S. Chiraiya, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sayara Khatoon, w/o Manir Ansari, d/o Nayumuddin Ansari, r/o village Harihara Tola Jalholi, P.S. - Sikarganj, Dist - East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chiraiya P.S. Case No. 122 of 2016 instituted for the offence under Sections 498-A, 376, 511 and 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is not ready to live with his wife i.e. the opposite party No.2. It has further been submitted that the opposite party No. 2 has illicit relationship with her brother-in-law. Counsel for the opposite party No. 2 has appeared. He has stated that the petitioner is living in Mumbai. He is also keeping both the children. There is false allegation against her that

Patna High Court Cr.Misc. No.99 of 2017 (3) dt.22-03-2017 2/2 she has illicit relationship with her brother-in-law. It has been submitted that the children are in custody of the petitioner and they have deposed during enquiry that the opposite party No. 2 has illicit relationship with her brother-in-law. The petitioner is the husband of the opposite party No.

2. He is not ready to keep the wife and both the children are in his custody.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

The petitioner is directed to surrender before the court below and pray for regular bail which shall be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T