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Patna High CourtCR. MISC./65729/2019disposed

Shahid Ansari @ Sahil Ansari v. The State Of Bihar

2019-10-21Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65729 of 2019 Arising Out of PS. Case No.-295 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Shahid Ansari @ Sahil Ansari, Son of Hasmullah Ansari, Resident of VillageBijwani (Bijbani), P.S.-Jitna, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tahrima Khatoon, Wife of Shahid Ansari @ Sahil Ansari, D/o Atiullah Ansari, Resident of Village-Bijwani (Bijbani), P.S-Jitna, District-East Champaran, Presently R/o Village-Laxmipur, P.S-Raxal, District-East Champaran.

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 This is an application for grant of anticipatory bail in connection with Trial No. 1715 of 2019, arising out of Complaint Case No. C-295 of 2018, disclosing offence under Section 498A of the Indian Penal Code.

As per complaint case, petitioner is said to be the husband of the complainant and there is allegation of demand of Rs.1,00,000/- and a motorcycle from her, for that, she was assaulted and ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted. He is still ready to keep her with full dignity and care and as such, a submission

Patna High Court CR. MISC. No.65729 of 2019(2) dt.21-10-2019 2/3 has been made before the learned court below also, but in spite of the fact that the matter relates to the marital dispute, but the learned court below has not taken steps for reconciliation. Heard learned APP also.

In such view of the matter, considering the above submissions, this application is disposed of with a direction to the petitioner to surrender before the learned court below by 14.11.2019, on surrender, he will be released on provisional bail for a period of six months. During that period, the learned court below shall issue a notice to the complainant and on her appearance, if she is ready to reside with the petitioner and petitioner is ready to keep her with dignity and care, the learned court below shall further extend the period of provisional bail for six months, so that the court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the third week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, especially, the conduct of the petitioner, the court below either confirm the bail bonds of the petitioner or pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner.

It is also made clear that if the opposite party no.2 will

Patna High Court CR. MISC. No.65729 of 2019(2) dt.21-10-2019 3/3 not appear, even on notice, or she is not ready to reside with the petitioner without any sufficient reason, the bail bonds of the petitioner shall be confirmed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T