Md. Israfil Ansari @ Israfil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78707 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

Md. Israfil Ansari @ Israfil, Male, aged about 70 years, Son of Nasir Ansari, Resident of Village - Bhagwan @ Bhawanpur, P.S.- Raj Nagar, District - Madhubani.

2.

Khairul Khatoon, Female, aged about 60 years, Wife of Md. Israfil Ansari @ Israfil, Resident of Village - Bhagwan @ Bhawanpur, P.S.- Raj Nagar, District - Madhubani.

3.

Rehana Khatoon, Female, aged about 29 years, Wife of Hshim Ansari, Resident of Village - Bhagwan @ Bhawanpur, P.S.- Raj Nagar, District - Madhubani.

... ... Petitioners

Versus

1.

The State Of Bihar.

2.

Nayeema Khatoon, Wife of Israil Ansari, D/o Md. Shahid Ansari, Resident of Village - Bhagwanpur, P.S.- Raj Nagar, District - Madhubani. At present D/o Md. Shahid Ansari, Resident of Village - Bharaul, P.S.- Bhairavsthan, District - Madhubani.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Sanjay Kumar Jha, Advocate.

For the State :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 341, 498(A)/34 of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry.

Patna High Court CR. MISC. No.78707 of 2019(2) dt.03-12-2019 2/3 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner no.1 is the father-in-law, petitioner no. 2 is the mother-in-law and petitioner no. 3 is the married sister (Nanad) of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners 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 bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.

Patna High Court CR. MISC. No.78707 of 2019(2) dt.03-12-2019 3/3 Madhubani, in connection with Madhubani Mahila P.S. Case No. 56 of 2019, 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) U.K./- U T