Aadam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11758 of 2021 Arising Out of PS. Case No.-454 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== AADAM ANSARI Son of Tabijan Ansari Resident of Village- Mamarkha, P.S.- Malahi, Distt- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Eslam Ansari S/o Late Adalat Ansari R/o village- Barkurwa, P.S.- Paharpur, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of bail in connection with a complaint case wherein cognizance was taken under section 498A of the Indian Penal Code. As per the prosecution case, the complainant states that he married his daughter to the petitioner herein as per Muslim Custom in the year 1992. His daughter was tortured for non-fulfillment of the demand of an old motorcycle. There was dispute in the year 2001 for which a complaint was filed which ended in a compromise and it was decided that the petitioner would be paying maintenance. The same was also not being paid and on the complainant going and asking the petitioner for

Patna High Court CR. MISC. No.11758 of 2021(5) dt.01-12-2021 2/2 the maintenance he was abused and beaten up.

It is submitted by learned counsel for the petitioner that not only the allegations in the complaint are false and malicious but from perusal of the complaint itself it would transpire that the same has been filed for oblique purpose and by order dated 29.7.2021 provisional bail was granted to the petitioner in the instant case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the provisional granted to the petitioner by order dated 29.7.2021 in connection with Tr. no. 2896/2017 (arising out of Complaint Case no. C454/2018) to the satisfaction of learned A.C.J.M III, Motihari, East Champaran, is hereby confirmed.

(Partha Sarthy, J) Prakash/- U