Patna High CourtCR. MISC./58850/2017bail granted

Md. Azhar Ansari And ORS v. The State Of Bihar

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58850 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA P.S. District- PURNIA ======================================================

1. Md. Azhar Ansari, Son of Late Riyazuddin Ansari.

2. Bibi Zohra Khatoon, Wife of Md. Azhar Ansari.

3. Md. Tarique Anwar @ Anwar, Son of Md. Azhar Ansari, All residents of Village- Dogachhi, P.S.- Kasba, District- Purniea. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Baleshwar Kamat, Advocate. For the Opposite Party : Mr. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 406, 307, 498(A) of the IPC, 3⁄4 of the D. P. Act and 3⁄4 of the Domestic Violence Act. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.58850 of 2017 (2) dt.08-12-2017 2/2 against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. There is no injury report to support the allegations made in the F.I.R. The petitioners have 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. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Purnea, in connection with Mahila P.S. Case No. 10/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T