Shamsher Ansari vs The State Of Bihar on 13 December, 2021

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Patna High Court - Orders

Shamsher Ansari vs The State Of Bihar on 13 December, 2021

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9933 of 2020
                     Arising Out of PS. Case No.-317 Year-2018 Thana- MADHAURAH District- Saran
                 ======================================================
                 Shamsher Ansari Son of Mumtaz Ansari @ Mumtaz Ansari Matofa Resident
                 of Village- Emadpur, P.S.- Manjhi, District- Saran.
                                                                     ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar.
           2.     Rabina Khatoon W/o Shamsher Ansari Resident of Village- Tehti, P.S.-
                  Marhowrah, District- Saran.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binay Kumar
                 For the Opposite Party/s :      Md. Anbzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

6   13-12-2021

Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment 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 present due to petty family dispute. 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 Patna High Court CR. MISC. No.9933 of 2020(6) dt.13-12-2021 2/2 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No.317/2018, 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.

(Anjani Kumar Sharan, J.) Sanjay/-

U          T

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Patna High Court - Orders