Sabeer Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71650 of 2019 Arising Out of PS. Case No.-335 Year-2017 Thana- MAHESI District- East Champaran ====================================================== Sabeer Ali Son of Jalil Ansari Resident of Village - Ramdiha, P.O. and P.S. - Chakia, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a complaint case registered for the offences punishable under Sections 323, 307, 341, 379, 506, 498(A)/34 of the Indian Penal Code.

The basic accusation is of making assault and

Patna High Court CR. MISC. No.71650 of 2019(9) dt.10-02-2022 2/3 ousting the informant from her matrimonial house. It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2006. It is further submitted that informant has performed second marriage with one Amjad Ali, son of Late Kurban Ansari, resident of Village-Kuawa, P.O.-Bara, P.S.-Chakia, District-East Champaran and she is presently living with her second husband. A statement to that effect has been made in para 5 of the supplementary affidavit. Considering the fact that informant has performed second marriage, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 6th, Motihari, East Champaran in connection with Mehsi Case No. 335 of

Patna High Court CR. MISC. No.71650 of 2019(9) dt.10-02-2022 3/3 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned Court below is directed to take appropriate steps for cancellation of bail bonds of the petitioner, if the informant files a petition before learned Court below denying solemnization of second marriage. (Sunil Kumar Panwar, J) Shageer/- U T