Jahur Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38154 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Jahur Ansari, Son of Md. Tuja Ansari, Resident of Village- Talimpur Pachiyari Tola, P.S.- Maduban, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 16.04.2018 in connection with Madhuban P.S. Case No. 35 of 2018 registered for the offence punishable under Sections 406, 376 and 120B of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

The prosecution case by way of Complaint Case No. 149 of 2018, which was later on converted into police station case under Section 156(3) of the Cr.P.C., is that co-accused Munna Ansari had a love affair with the complainant/ informant and were going to get married. The said co-accused, Munna Ansari used to come to her

Patna High Court Cr.Misc. No.38154 of 2018(2) dt.06-07-2018 2/3 house and for more than a year they had physical relations, but later on the family members of Munna Ansari demanded Rs. four lakhs and a motorcycle and on non-fulfilment of the demand, they refused to marry with the complainant/ informant.

It has been submitted by the learned counsel for the petitioner that he is innocent, he is not related to the family of co-accused Munna Ansari and is a Patidar. He submits that no specific or direct allegation has been made against the petitioner and he has been falsely implicated. It is further submitted that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Chief Judicial Magistrate, Motihari, East

Patna High Court Cr.Misc. No.38154 of 2018(2) dt.06-07-2018 3/3 Champaran in connection with Madhuban P.S. Case No. 35 of 2018.

(Nilu Agrawal, J.) Arjun/Ragini U T