Patna High CourtCR. MISC./432/2016bail granted

Md. Ehsan Ansari @ Ehsan Ansari v. The State Of Bihar

2016-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.432 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -ARWAL MAHILA District- JEHANABAD ======================================================

1. MD. EHSAN ANSARI @ EHSAN ANSARI Son of Md. Naushad Alam @ Naushant Ansari Resident of Village-Makhdoompur, P.S and District Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman, Adv For the Opposite Party/s : Mr. Arvind Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner earlier married with the complainant but after divorcing the complainant as per muslim rites the petitioner filed Matrimonial Suit No. 5043 of 2014 for confirmation of the divorce and thereafter the present FIR has been registered on 21.05.2015.

Patna High Court Cr.Misc. No.432 of 2016 (2) dt.05-01-2016 Proceeding under Section 107 of the Cr. P.C., was also initiated between the parties.

Considering the filing of matrimonial suit at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Arwal in connection with Arwal Mahila P.S. Case No. 12 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ranjan/- U