Wazul Haque Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11789 of 2016 Arising Out of PS.Case No. -403 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Wazul Haque Ansari .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is languishing in custody since 15.12.2015 in a case registered for the offences punishable under sections 498A, 323, 506/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is the second husband of the informant and since she failed to conceive, hence, lodged the present case. But the petitioner is still ready to keep the informant as wife with dignity and honour and has not performed second marriage. A statement to that effect has been made in paragraph 8 of the
Patna High Court Cr.Misc. No.11789 of 2016 (2) dt.10-03-2016 2/2 petition, which reads as follows :- "That the petitioner is ready to keep his wife, it is relevant to state here that the allegation of second marriage by the informant is not true mere it is apprehension of the informant since she has refused to stay with petitioner. The petitioner has not performed second marriage. "
Considering the aforesaid facts, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari, in connection with Harsidhi P.S. Case No.403/2015. (Dinesh Kumar Singh, J) Ashwini/- U T