Md. Arman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67114 of 2019 Arising Out of PS. Case No.-672 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== MD. ARMAN ANSARI Son of Md. Idris Ansari Resident of Village - Sohar Bigha, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Tabassum Shamima Wife of Md. Arman Ansari Resident of Village - Sohar Bigha, P.S.- Barun, District- Aurangabad. At present D/O - Shamim Banarsi, Resident of Village - Nawadih Road, P.S.- Aurangabad Town, DistrictAurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 672 of 2018 , disclosing offences under Sections 323, 379, 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Petitioner happens to be husband of the complainant and allegation against him is that just after three months of marriage, he ousted the complainant from matrimonial house for demand of dowry of Rs. Five Lakh and now complainant is living in her parental house.

Submission of learned counsel for the petitioner is that he is still ready to keep her with full honour and dignity,

Patna High Court CR. MISC. No.67114 of 2019(2) dt.24-10-2019 2/2 which will appear from the fact that he has filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

Heard learned A.P.P. also and perused the impugned order, from which, it appears that the learned Sessions Judge has taken steps for concilliation of dispute between the parties and had referred the matter to Lok Adalat but in the Lok Adalat none of the parties appeared.

In such view of the matter, considering the conduct of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner, however, he is at liberty to approach the complainant and persuade her to live with him and if she is ready to reside with the petitioner, petitioner has to make such submission before the court below while praying for grant of regular bail and the court below after considering the aforesaid aspect shall dispose of the prayer for regular bail of the petitioner.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T