Md. Shamim @ Shamim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77145 of 2019 Arising Out of PS. Case No.-53 Year-2016 Thana- FORBESGANJ District- Araria ====================================================== MD. SHAMIM @ SHAMIM ANSARI S/o Mahammad Ansari @ Mahammad Ansari Resident of Village- Dak Haripur, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Anil Prasad Singh, Advocate For the State :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner and learned APP for the State.
The matter has been pending since 2019. Hence, the learned counsel for the petitioner presses that let the order be passed on merit.
The petitioner was granted provisional anticipatory bail by order dated 17.02.2020 by a Co-ordinate Bench of this Court.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.77145 of 2019(4) dt.27-09-2021 2/2 present case. The case is triable by the Magistrate. 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 facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 17.02.2020 is, hereby, confirmed in connection with Forbesganj P.S. case No.53 of 2016 pending in the court of Sub Divisional Judicial Magistrate, Araria.
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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T