Md. Najamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74857 of 2019 Arising Out of PS. Case No.-530 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== MD. NAJAMUDDIN ANSARI Son of Md. Salim Ansari Resident of VillageBhorha, Ward No.15, Post-Anhuri, Police Station-Riga, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nemat Khatoon Wife of Md. Najamuddin Ansari Resident of VillageBhorha, Ward No.15, Post-Anhuri, Police Station-Rigu, District-Sitamarhi, present address-daughter of Md. Shakoor Ansari, resident of villagePiparari, P.S-Sursand, District-Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navin Kumar Sinha For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. By order dated 06-03-2020, the matter was referred to the Mediation Centre, Patna High Court, Patna. Due to pandemic Covid-19, the process of mediation could not be processed. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family

Patna High Court CR. MISC. No.74857 of 2019(4) dt.01-03-2021 2/2 dispute. The petitioner is husband of the victim. The petitioner undertakes that he will cooperate during trial. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with CI-530 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T