Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56128 of 2023 Arising Out of PS. Case No.-355 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== Imran Ansari S/O Mainuddin Ansari R/O Village- Sahur, P.S- Kargahr, Distt.- Rohtas At Sasaram.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shaista Afroj D/O Mojahir Hussain R/O Village- Dargah Darwaja (SHERGANJ), P.S- Sasaram, Distt.- Rohtas At Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498A, 406, 420, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-fulfillment of the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no plausible explanation for lodging the FIR after lapse of one months ten days from the occurrence. He further

Patna High Court CR. MISC. No.56128 of 2023(2) dt.14-09-2023 2/2 submits that earlier the informant has lodged a Complaint Case No. 127 of 2019, in which cognizance was taken under Section 498A of the I.P.C. and 3⁄4 of the D.P. Act and petitioner has been enlarged on anticipatory bail in the said Complaint Case, thereafter, the present FIR was lodged against the petitioner by the informant. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, 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 Karahgar P.S. Case No. 355 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T