Md. Rabbani @ Md. Rabbani Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4175 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== MD. RABBANI @ MD. RABBANI ANSARI S/O BAKRUDDIN ANSARI Resident Of Village - Near Jama Masjid, P. s. - jagdishpur Kamalchak, Purani Full, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrun Nisha W/O Md. Rabbani @ Md. Rabbani Ansari Resident Of Near Jama Msjid, P. S. - Jagdishpur Kamalchak, Purani Full, Bhagalpur Presently residing at Radhanagar, P.S. - Saopur, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Gautam Kumar Kejriwal, Advocate For the State :

Mr. APP For the O.P. NO.2 :

Mr. Pravin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2 through virtual mode.

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

The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 354, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.4175 of 2021(2) dt.07-04-2021 2/3 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 present case. The case is 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 and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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 C.J.M., Bhagalpur in connection with Jagdishpur P.S. case No.211 of 2020, 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.4175 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