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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60009 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== MD. SABIR @ MD. SABIR ANSARI SON OF MD. TUFAIL ANSARI R/O MUSLIMABAD, P.S.- HASPURA, DISTRICT- AURANGABAD, BIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabana Praveen Wife of Md. Sabir Resident of Village Muslimabad P.S. Haspura Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the informant, apprehends his arrest in a case punishable for the offence under Sections 498(A) and 34 of the Indian Penal Code and Section 4 of the D. P Act.

3 . As per F.I.R., the marriage of informant was

Patna High Court CR. MISC. No.60009 of 2022(4) dt.10-09-2024 2/3 solemnized with this petitioner, according to muslim customs and rituals, and after the marriage, when informant went to her matrimonial house, she was subjected to torture and cruelty by this petitioner and other in-laws family members due to nonfulfillment of demand of dowry and lastly, she was ousted from her matrimonial house .

4. Learned counsel for the petitioner, while denying the allegations made in the F.I.R., submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the victim. However, he is ready to keep the victim ( informant ) with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 . Petitioner claims clean antecedent.

5 . Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM Daudnagar (Aurangabad ) in connection with

Patna High Court CR. MISC. No.60009 of 2022(4) dt.10-09-2024 3/3 Haspura Case No. 14 of 2022 , subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T