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Md. Ahsanul Haque Ansari vs State Of Bihar & Anr on 1 August, 2013

Author: Ahsanuddin Amanullah

Bench: Ahsanuddin Amanullah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No. 22194 of 2013
                 ======================================================
                 Md. Ahsanul Haque Ansari Son of Md. Mobin Ansari, resident of
                 Village- Dharhara Ansari tola, Makhnaha, P.S. Banmankhi, District-
                 Purnea.
                                                                          .... .... Petitioner
                                                    Versus
                 1. The State of Bihar
                 2. Bilkish Khatoon, D/O Late Md. Usman Ansari, resident of Durgapur
                     Paschim Tola, P.S.+ District- Katihar.
                                                                   .... .... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner          :     Mr. Raj Kumar, Advocate.
                 For the Opposite Parties    :     Mr. P. K. Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
                             AMANULLAH
                                               ORAL ORDER


2   01-08-2013

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Complaint Case No. C-A 294 of 2012 in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner, who is the husband, is accused of demand of dowry and torture.

Learned counsel for the petitioner submits that he is always ready to keep the petitioner and the allegation made after eight years of marriage is improbable and the real reason is that the complainant lives with her parents in the town of Katihar, whereas the petitioner is living in a rural area and was pressurised to shift to Katihar, which he refused. Learned counsel further submits that he is ever 2 Patna High Court Cr.Misc. No.22194 of 2013 (2) dt.01-08-2013 2/3 ready to keep the complainant and his daughter with full dignity, honour and security. He refers to the impugned order of the Sessions Judge, Katihar, in which there is mention about the petitioner being ready to take the complainant with him but the complainant has refused to go with him. Learned counsel submits that the Court may make an attempt for reconciliation so that the family can live together, especially in view of the fact that there is a daughter to be taken care of.

Learned A.P.P. for the State supports the contention that an attempt may be made for reconciliation.

Issue notice to the opposite party no. 2, both under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks form today. The registry shall issue notice within three days of the requisites being filed. A copy of this order be also sent along with the notice.

The case be listed under 'Admission I' on 23rd September, 2013. On that day the Court would consider passing appropriate orders depending upon the stand taken by the opposite party no. 2.

Till then, no coercive steps shall be taken against the petitioner in connection with Complaint Case No. C-A 294 of 2012, pending before the Court of the S.D.J.M., Katihar.

3/3

The order be communicated to the Court below through fax at the cost of the petitioner.

(Ahsanuddin Amanullah, J.) Anand Kr.