Afroz Ansari @ Md. Afroj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60109 of 2024 Arising Out of PS. Case No.-1882 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Afroz Ansari @ Md. Afroj Ansari S/O Nijam Ansari @ Nilam Ansari R/O Village- Bagha Ward No. 12, P.S- Ghorasahan, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Afsana Khatoon W/O Afroz Ansari, D/O Makbook Ansari R/O VillageBagha Ward No. 12, P.S- Ghorasahan, Distt.- East Champaran, Motihari. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alka Singh For the State :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. No one appears on behalf of the opposite party no. 2 despite of notice validly served upon him.

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 1882 of 2021, for the offence punishable under Sections 498A, 323/34 of the Indian Penal Code.

4. As per prosecution case, complainant was married with the petitioner in the year 2013 and Bidai was performed in the year 2016. Two children were born out by their wedlock. Petitioner and other co-accused persons are alleged to have

Patna High Court CR. MISC. No.60109 of 2024(4) dt.20-02-2025 2/3 tortured her mentally and physically and ousted her from the matrimonial house due to non-fulfillment of demand of dowry as Rs. 1,00,000/- and one Apache Motorcycle.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged in the Complaint petition. There is no specific allegation of torture or demand of dowry against the petitioner. During course of argument, learned counsel for the petitioner submits that petitioner is ready to maintain his wife and keep her with full honour and dignity. He further submits that petitioner is ready to pay Rs. 3,000/- per month to the complainant to show his bonafide conduct.

6. Learned APP opposes the prayer for bail.

7. Keeping in view the aforesaid facts, this Court is inclined to grant him the privilege of anticipatory bail.

8. At the time of filing the bail bond, petitioner shall deposit the aforesaid offered two months maintenance amount in the Trial Court. Petitioner shall deposit the above maintenance amount in every month before the Trial Court which will be withdrawn by the complainant and the same shall be adjusted towards any further maintenance order.

9. Let the petitioner be released on bail in the event of

Patna High Court CR. MISC. No.60109 of 2024(4) dt.20-02-2025 3/3 arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sadar, Motihari, East Champaran in connection with Complaint Case No. 1882 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Ranjeet/- U T