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Patna High CourtCR. MISC./66613/2019allowed

Mazharuddin Ansari v. The State Of Bihar

2019-11-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66613 of 2019 Arising Out of PS. Case No.-1451 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Mazharuddin Ansari Son of Late Nabizan Ansari @ Late Navigan Ansari Resident of Village - Harihar Jal Toli, P.S.- Shikarganj, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Ashma Khatoon W/o Mazharuddin Ansari and D/o of Khalil Ansari. Resident of Village - Harihar Jal Toli, P.S.- Shikarganj, Distt.- East Champaran. Presently resident village - Nakchhed Tola, P.S.- Motihari Town, Dist.- East Champaran.

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as informant. The petitioner is in custody in connection with Trial No. 2119 of 2019 arising out of Complaint Case No. C-1451 of 2018 for the offences under Sections 341, 323, 498A, 406, 504 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 13.08.2019. He further submits that the marriage was solemnized on 8.4.2010. The complaint case was filed in the year 2018 i.e. after eight years.

Patna High Court CR. MISC. No.66613 of 2019(2) dt.04-11-2019 2/2 Learned counsel for the petitioner submits that allegation against the petitioner is that he has demanded Vehicle as dowry and due to non fulfillment of the same, the informant was subjected to cruelty. He further submits that there are three offspring out of the wedlock.

Considering the fact that petitioner is husband and the marriage took place on 08.04.2010 and he has no criminal antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Court of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran in connection with Trial No. 2119 of 2019 arising out of Complaint Case No. C-1451 of 2018. The Court below after releasing the petitioner shall refer the dispute between parties to District Mediation Center so that the dispute between husband and wife may be settled.

(Anil Kumar Upadhyay, J) mdrashid/- U T