Meraj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77618 of 2019 Arising Out of PS. Case No.-373 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MERAJ ANSARI Son of Ibrahim Ansari Resident of Village - Bishambharapur, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 373 of 2019, registered for the offence punishable under Sections 341, 342, 323, 498(A), 325/34 of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act.

The allegation is regarding the petitioner herein, who happens to be the husband of the victim wife i.e. the informant of the present case of having tortured his wife and attempted to kill her by setting her on fire on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner submits that though the petitioner is ready to keep her wife with due dignity and

Patna High Court CR. MISC. No.77618 of 2019(2) dt.28-11-2019 2/2 honour but the impugned order dated 24.10.2019 would bear it out that the wife of the petitioner has refused to live with him. It is further submitted that the petitioner is ready and willing to give a sum of Rs. 2000/- as maintenance for the succor of the victim wife. It is further submitted that the petitioner is languishing in custody since 29.8.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail, subject to such conditions as may be imposed by the learned court of S.D.J.M., (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 373 of 2019, subject to an undertaking being furnished by the petitioner before the concerned court below to the effect that he would pay a sum of Rs. 2,000/- per month to his wife till appropriate orders are passed to the contrary by the learned family court, failing which the present privilege of regular bail shall stand cancelled and the petitioner would be taken into custody forthwith. The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U T