Patna High CourtCR. MISC./72141/2021bail granted

Samiullah Ansari @ Md. Samiullah Ansari @ Shamim Ansari v. The State Of Bihar

2023-07-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72141 of 2021 Arising Out of PS. Case No.-416 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== SAMIULLAH ANSARI @ MD. SAMIULLAH ANSARI @ SHAMIM ANSARI S/o Amanullah Ansari R/o village- Chhota Bariyarpur, Ward No. 08, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

MUSHRAT JAHAN D/O LATE MD. EHSHAN ANSARI At present R/o Mohalla- Naya Tola Ward NO. 15, P.S.- Town, Bettiah, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner, Mr. Madhurendra Kumar, and learned A.P.P. for the State along with learned counsel for the informant, Mr. Arvind Kumar.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 504, 506, 498(A), 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the case was referred for mediation but the mediation failed and the relationship between the petitioner and the informant has soured to an extent that it is not possible to revive the conjugal

Patna High Court CR. MISC. No.72141 of 2021(6) dt.19-07-2023 2/3 relationship, it is further submitted that the petitioner is willing to maintain the informant along with the child for which petitioner is ready to pay a monthly maintenance of an amount of Rs. 8,000/- which shall commence from 28.07.2023.

4. Learned counsel for the informant does not oppose the submission made by the learned counsel for the petitioner on instruction and submits that he will send the bank account number of the informant on the whatsapp of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the maintenance as agreed commences from 28.07.2023.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bettiah Town P.S. Case No. 416 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that in the event if the

Patna High Court CR. MISC. No.72141 of 2021(6) dt.19-07-2023 3/3 petitioner does not deposit the maintenance amount as agreed for two consecutive months, the informant would be at liberty to file an application seeking cancellation of his anticipatory bail before this Court.

(Satyavrat Verma, J) HarshPandey/- U T