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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85117 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== SAHEB ANSARI @ MD. SAHEB ANSARI Son of Ajmullah Ansari Resident of Village - Rakhai, P.S.- Shikarpur, Distt - West Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Farzana Khatoon Wife of Saheb Ansari @ Md. Saheb Ansari, D/o Saidullah Ansari Resident of Village - Mathia, P.S.- Ramnagar, Distt - West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP For the O.P. No. 2 :

Mr. Vijay Kumar Singh-1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-09-2021 Heard Mr. Bimlesh Kumar Pandey, learned Advocate for the petitioner and Mr. Vijay Kumar Singh-1 for the informant. The State is represented by Mr. Ram Priya Sharan Singh, learned APP for the State. The petitioner, who is the husband of opposite party no. 2, seeks bail in anticipation of his arrest in connection with Ramnagar P.S. Case No. 171 of 2019 dated 06.08.2019 in which cognizance has been taken under Sections 498A and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. On an earlier occasion, this matter was sent to the mediation centre for the needful.

Mr. Pandey, learned Advocate for the petitioner

Patna High Court CR. MISC. No.85117 of 2019(3) dt.27-09-2021 2/3 submits that before the matter could be taken up by the mediator for resolving the matrimonial dispute, the parties/spouse of their own have agreed to bury the hatchet and start living as husband and wife. A compromise petition also has been filed before the court below.

Mr. Vijay Kumar Singh-1, learned Advocate for the informant though claims to have seen the certified copy of the documents referred to by the learned Advocate for the petitioner but he submits that he does not have any instructions from his client.

Be that as it may, regard being had to the developments which have taken place in the meanwhile, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 171 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Should this information of settlement of dispute and the opposite party no. 2 residing with her

Patna High Court CR. MISC. No.85117 of 2019(3) dt.27-09-2021 3/3 husband/petitioner is found to be untrue, it would be open for the opposite party no. 2 to approach the court below for cancellation of anticipatory bail of the petitioner.

The application stands disposed off.

(Ashutosh Kumar, J) krishna/- U T