Patna High CourtCR. MISC./52416/2024bail granted

Mustak Ansari v. The State Of Bihar

2025-02-15Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52416 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Mustak Ansari Son Of Merajuddin Ansari Resident Of Village - Gohi, P.S. - Darihat (Aayar Kotha), District - Rohtas ... ... Petitioner/S

Versus

The State Of Bihar 2.

Najrun Nisha Daughter Of Rushtam Ansari Resident Of Village - Ramudih, P.S. - Rajpur, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Jubair Ansari, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-02-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 35 of 2023 for the offence under Sections 323, 379, 498(A), 504, 34 of the I.P.C. and 3, 4 of Dowry Prohibition Act.

3. As per the prosecution story, complainant - Najrun Nisha is the wife of petitioner - Mustak Ansari. Her marriage was solemnized on 02.04.2021 as per Muslim rituals. After marriage the petitioner and his family members started torturing her in various ways due to non fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been

Patna High Court CR. MISC. No.52416 of 2024(5) dt.15-02-2025 2/2 falsely implicated in this case. No any occurrence has ever been taken place as alleged by the complainant. He submits that petitioner is ready to keep her with full dignity and regard without any grievance.

5. Learned APP opposes the prayer.

6. During course of argument learned counsel for the petitioner submits that petitioner is willing to pay Rs. 3,000 per month as maintenance to his wife. This fact prima-facie shows the bona-fide conduct of the petitioner.

7. Keeping in view the aforesaid facts, this Court is inclined to enlarge the petitioner on Anticipatory bail.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Bikramganj, Rohtas in connection with Complaint Case No. 35 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U T