Nesar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45201 of 2019 Arising Out of PS. Case No.-920 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== NESAR ANSARI S/o Late Mohammad Ansari Resident of Village- Naya Tola, Bhusaki, P.S.- Matiyaria, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Gulnara Khatoon W/o Nesar Ansari, D/o Hanif Ansari Resident of VillagePidari, P.S.- Inarawa, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner is apprehending his arrest in Complaint Case No. 920-C of 2017 registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of 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

Patna High Court CR. MISC. No.45201 of 2019(7) dt.01-09-2021 2/3 present case due to petty family dispute. The petitioner is husband of the victim. The offences are 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/F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 920-C of 2017 (Tr. No. S.C. 1302 of 2018) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Patna High Court CR. MISC. No.45201 of 2019(7) dt.01-09-2021 3/3 If so advised, either of the parties will be at liberty to 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) A.K.V.//- U T