Nur Hasan Ansari v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4241 of 2021 Arising Out of PS. Case No.-42 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

NUR HASAN ANSARI SON OF LATE AZIZ ANSARI R/o village- Masoi, P.S.- Chainpur, District- Kaimur at Bhabua 2.

BECHANA BIBI WIFE OF LATE AZIZ ANSARI R/o village- Masoi, P.S.- Chainpur, District- Kaimur at Bhabua 3.

NOORSABA KHATUN D/O LATE AZIZ ANSARI R/o village- Masoi, P.S.- Chainpur, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

State of Bihar 2.

FARIDA KHATOON WIFE OF NOOR HASAN ANSARI, D/O LATE MOEUDDIN ANSARI R/o village- Chainpur, P.S.- Chainpur, DistrictKaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 494, 498A, 504, 506, 341, 323 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.4241 of 2021(2) dt.07-04-2021 2/3 dowry.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is the husband, petitioner No.2 is the mother-in-law and petitioner No.3 is the sister-inlaw of the victim. The case is triable by the Magistrate. The petitioners have 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 petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IInd, Kaimur at Bhabua in connection with Chainpur P.S. case No.42 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.4241 of 2021(2) dt.07-04-2021 3/3 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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T