Manjur Ansari @ Manjur Miyan @ Manjur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59102 of 2024 Arising Out of PS. Case No.-2200 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== MANJUR ANSARI @ MANJUR MIYAN @ MANJUR ALAM S/O LALAJI MIYAN R/O WARD NO. 16, PAKADIHAR, P.S- KUMARBAGH, DISTT.- WEST CHAMPARAN. 845450.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sabina Khatoon W/O Manjur Ansari, D/O Nejamuddhin Ansari R/O VillageWard No. 16, Pakadihar, P.S- Kumarbagh, Distt.- West Champaran- 845450, Presently Resident Of Village- Parautola, P.S- Lauriya, Distt.- West Champaran.

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 2200C of 2022 registered for the offence punishable under sections 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per allegation in the complaint, the complainant states that she was married to the petitioner according to the Muslim rites and customs about 8 years ago. Soon thereafter the accused persons including the petitioner herein who happens to be her husband started to torture her for

Patna High Court CR. MISC. No.59102 of 2024(2) dt.19-09-2024 2/3 demand of dowry etc. as mentioned in the complaint. She was ultimately forced out of her husband's house and was living with her parents.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegation as levelled in the complaint are all false and concocted. It is the complainant who has abandoned the petitioner. Referring to Annexure-2 it is submitted that she has moved for divorce in the Court of Principal Judge, Family Court, Bettiah, West Champaran. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the complaint, the complainant having moved for divorce vide petition brought at Annexure-2 to the petition together with the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no. 2200C of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59102 of 2024(2) dt.19-09-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Partha Sarthy, J) Bibhash U