Disposed

Julfekar Ansari v. The State of Bihar

Patna HC9 Apr 2024CR. MISC./51948/2022

Case brief

AI extract

What is this about?

Husband apprehending arrest in a case over dowry demand and ouster of wife from the matrimonial home sought anticipatory bail. The court granted bail conditioned on his paying Rs.3,000 per month to the wife, with automatic bond cancellation on three consecutive defaults.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bail bond of Rs.25,000 with two like sureties within six weeks, subject to Section 438(2) CrPC conditions and monthly payment of Rs.3,000 t

Julfekar Ansari Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51948 of 2022

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Arising Out of PS. Case No.-68 Year-2022 Thana- HASPURA District- Aurangabad

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======================================================

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Julfekar Ansari S/O Islam Ansari Resident Of Village- Muslimabad Amjhar Sharif P.S.- Haspura, District- Aurangabad

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... ... Petitioner/s

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Versus

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The State of Bihar

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Rubina Khatoon W/O Md. Zulfekar Ansari Resident Of Village- Amjhar Sharif Tola Muslimabad, P.O. And P.S.- Haspura, District- Aurangabad. At Present Residing D/O Fakaruddin Ansari, Resident Of Village- Maneri Bigha, P.O- Usari, P.S.- Mehandia, District- Arwal (Bihar).

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kant Tiwari For the State : Mr.Nitya Nand Tiwary For the Informant Mr. Anirudh Kr. Verma ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 09-04-2024 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498A, /34 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and Section 4 of Muslim Women (Protection and Rights on Marriage) Act, 2019.

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Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

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Patna High Court CR. MISC. No.51948 of 2022(4) dt.09-04-2024 2/3

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committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgement of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs.

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The State of Bihar , reported in 2006 (3) PLJR 182 .

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However, the petitioner is ready to give Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on three consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

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Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

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In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a

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Patna High Court CR. MISC. No.51948 of 2022(4) dt.09-04-2024 3/3

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period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Haspura P.S. Case No. 68 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Julfekar Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Julfekar Ansari v. The State of Bihar

Case brief

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