Md. Ansar @ Md. Ansar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81572 of 2019 Arising Out of PS. Case No.-873 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== MD. ANSAR @ MD. ANSAR ALAM Son of Md. Taiyab Resident of Village- Garha Ausari Ward No. 11, P.S.- Jogbani, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sairun Khatoon W/o Md. Ansar Alam @ Md. Ansar, D/o Md. Subhan @ Bashak Resident of Village- Chakla, P.S.- Narpatganj, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.873C of 2019, registered for offences punishable under Sections 498(A) & 307 of the Indian Penal Code and Sections 3⁄4 of the D.P. Act.

Petitioner happens to be husband of the complainant and there is allegation of demand of motorcycle and Rs.50,000/- and for non-fulfillment of the same, assaulting her. Submission of the learned counsel for the petitioner is that the allegation is false and concocted and he is still ready to keep her with dignity and care, which he has stated on oath in para no.8 of petition in this case. It appears that the notice

Patna High Court CR. MISC. No.81572 of 2019(3) dt.21-01-2020 2/2 was also issued to the O.P.no.2 (complainant) by registered as well as ordinary process and it appears from flag 'A that the registered cover notice has been received by the O.P.no.2 but no body appears on behalf of O.P.no.2.

Heard learned A.P.P. also.

Having heard both sides and considering the above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria in connection with Complaint Case No.873C of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that if she is ready to reside with the petitioner, he has to keep her with dignity and care.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T