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Patna High CourtCR. MISC./62617/2021allowed

Azad Ansari v. The State Of Bihar

2022-09-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62617 of 2021 Arising Out of PS. Case No.-43 Year-2019 Thana- AGRER District- Rohtas ====================================================== AZAD ANSARI Son of Late Hadish Ansari Resident of Village - Pokhraha, P.O.- Atimi, P.S.- Nasiriganj, Distt.- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

GULNAJ BANO W/o Azad Ansari Dokhtar Anmeri Ansari Resident of Village - Nekra, P.S.- Agrer, Dist.- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishnu Kant Dubey For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 498(A) and 406/504 of the Indian Penal Code and 3⁄4 Dowry Prohibition Act.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He

Patna High Court CR. MISC. No.62617 of 2021(3) dt.20-09-2022 2/2 submits that a compromise has been done between the parties and Dhen Mohar amount given at the time of Nikah has been returned to the opposite party no.2 by the husband and other amount taken at the time of Nikah as gift was also returned to her. He further submits that petitioner has no criminal antecedent as stated in para3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Agrer P.S. Case No. 43 of 2019 arising out of compliant case no. 343/19, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ajay, devendra/- U T