Hafij Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55742 of 2021 Arising Out of PS. Case No.-2298 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== HAFIJ ANSARI SON OF LAL MOHAMMAD ANSARI R/O VILLAGESHANKAR SARAIYA, FATEH TOLA, P.S.- TURKAULIA, DISTRICTEAST CHAMPARAN. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUGUN NESH PRAVIN @ SUGAN NESHA WIFE OF RAFIJ ANSARI, D/O- FAJIULLAH ANSARI R/O VILLAGE- ASHOK PAKARI, TIWARY TOLA, P.S.- PIPRA, DISTRICT- EAST CHAMPARAN ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

Patna High Court CR. MISC. No.55742 of 2021(2) dt.09-05-2022 2/2 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.2298 of 2019 (Tr. No.

2770/2019), subject to the condition as laid down under Section 438 (2) of the Cr.P.C., If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T