Imam Ansari @ Imamuddin @ Md. Imamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64408 of 2019 Arising Out of PS. Case No.-936 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Imam Ansari @ Imamuddin @ Md. Imamuddin Son of Md. Najbul Hoda @ Nanmul Hoda @ Md. Najbul @ Najabul Resident of Village - Nayatola, Pahlagarh, P.S.- Kadwa, Distt - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ruby Sharma D/o Ahmad Hussain, Wife of Imam Ansari @ Imamuddin @ Md. Imamuddin at present residing at Laliyahi, P.S.- Katihar Sahayak, Distt - Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Md. Anbzarul Haque Sahara Mr. Raghvendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2021 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered under Sections 323, 379/34, 498(A), 504 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the

Patna High Court CR. MISC. No.64408 of 2019(9) dt.14-12-2021 2/2 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 State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Complaint Case No.936/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J.) Sanjay/- U T