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Patna High CourtCR. MISC./66520/2018bail granted

Md. Mustaqueem Ansari @ Mokhtar Ansari And ORS v. The State Of Bihar

2019-06-17Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66520 of 2018 Arising Out of PS. Case No.-430 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== 1.

Md. Mustaqueem Ansari @ Mokhtar Ansari, S/o Md. Hadish. 2.

Md. Imtiyaz Ansari S/o Md. Mustaqueem Ansari. 3.

Saire Khatoon W/o Md. Mustaqueem Ansari.

All resident of Moh.-Zero Mile Pahari Road, P.O.-Bari Pahari, P.S. Agamkuan, Distt.-Patna.

4.

Md. Sahid Ansari @ Shahid Ansari, son of Md. Alluddin Ansari. 5.

Shama Khatoon @ Sama Khatoon W/o Md. Sahid Ansari. Both R/o Chawl No.21, Room 319, Bharat Nagar, Bandra, Mumbai. 6.

Md. Nasim Ansari @ Nasim Ansari S/o Md. Ushman R/o Vill.-Godhia, Gopalpur, P.S. Bhagwanpur, Distt.-Vaishali.

7.

Md. Nazrul Ansari @ Nazrul Ansari S/o Late Ibrahim Resident of Bherokhra, P.S. Patepur, Distt.-Vaishali.

... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Rana Majharu Ansari alias Sidra, daughter of Md. Majharul Ansari, resident of Pawan Petrol Pump Barihatta Pahadi, P.S. Alamganj, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Dr. Kumar Binode Bariar, Advocate.

For the State :

Mr. Ram Naresh Ray, A.P.P.

For the opposite party no.2: Mr. Ravi Prakash, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

The petitioners apprehend their arrest in connection with Alamganj P.S. Case No.430 of 2018/G.R. No.4029 of 2018 registered under Sections 554, 506 and 376/34 of the Indian Penal Code besides Sections 3/4 of the D.P. Act.

Patna High Court CR. MISC. No.66520 of 2018(7) dt.17-06-2019 2/3 The accusation is that the marriage of the opposite party no.2 was settled with Md. Meraj Ansari alias Md. Meraz Alam, son of the petitioner no.1, namely, Md. Mustaqueem Ansari alias Mokhtar Ansari, but before the date of marriage, the petitioner no.1 made demand of Rs.11,00,000/- as dowry and out of the aforesaid demand, the parents of the opposite party no.2 gave Rs.8,00,000/- but in spite of that the marriage of the opposite party no.2 could not be performed with Md. Meraj Ansari alias Md. Meraz Alam, son of the petitioner no.1, due to non-payment of the remaining amount of Rs.3,00,000/- by the parents of the opposite party no.2. However, in the meantime, Md. Meraj Ansari alias Md. Meraz Alam, continued physical relationship with the opposite party no.2.

Learned counsel for the petitioners submits that the petitioners are father, elder brother, mother, elder brother-in-law, elder sister, younger brother-in-law and maternal uncle of Md. Meraj Ansari alias Md. Meraz Alam and with an ulterior motive, the opposite party no.2 has lodged this false case. Moreover, Md. Meraj Ansari alias Md. Meraz Alam, has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 26.04.2019 passed in Criminal Misc. No.25601 of 2019.

Patna High Court CR. MISC. No.66520 of 2018(7) dt.17-06-2019 3/3 Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Alamganj P.S. Case No.430 of 2018/G.R. No.4029 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T