Basir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53416 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- BAUNSI District- Banka ====================================================== Basir Ansari S/o Late Fakhruddin Ansari R/o vill - Sikandarpur, P.S. - Bounsi, Distt. - Banka, at present R/o vill - J.K. Nagar Shyam Bazar, P.S. - Bounsi, Distt. - Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Ismat Khatoon W/o Basir Ansari R/o vill - Sikandarpur, P.S. - Bounsi, Distt. - Patna. At present R/o vill - J.K. Nagar Shyam Bazar, P.S. - Bounsi, Distt - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hodda For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 323, 34 of the Indian Penal Code and Section 4 of the Muslim Women Protection of Right of Marriage Act, 2019.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. He submits that the petitioner several time approached before the opposite party no. 2 and requested to return her matrimonial home, but she flatly denied to lead conjugal life

Patna High Court CR. MISC. No.53416 of 2024(2) dt.28-08-2024 2/2 with the petitioner. He further submits that the petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bounsi P.S. Case No. 141 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

6. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

7. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T