Khalil Ansari vs The State Of Bihar
2021 Latest Caselaw 696 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.25337 of 2020
      Arising Out of PS. Case No.-1839 Year-2018 Thana- WEST CHAMPARAN COMPLAINT
                                     District- West Champaran
     ======================================================

Khalil Ansari, aged about 50 years, Gender-Male, S/o Jumdin Ansari, Resident of Village- Semrawrit, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar

2. Jaha Ara Khatoon, aged about 27 years, Gender-Female, W/o Khalil Ansari, D/o Sagir Miyan, R/o Village- Basatta, P.S.- Mainatand, District- West Champaran.

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

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate For the State : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Sanjeev Kumar Shrivastava, learned

counsel for the petitioner and Mr. Satyendra Prasad, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. Learned counsel for the petitioner submitted that the

opposite party no. 2 has filed a compromise petition in the Court

below on 06.01.2021.

3. Learned APP submitted that the Superintendent of

Police, West Champaran has submitted a report in which it has

been stated that the opposite party no. 2 had stated that she was

not ready to live with the petitioner. However, there is no Patna High Court CR. MISC. No.25337 of 2020 dt.05-02-2021

mentioning that any compromise petition was filed though

learned counsel for the petitioner submitted that the same was

filed on 06.01.2021.

4. This creates genuine doubt in the mind of the Court

with regard to the compromise as to whether it is correct and has

been filed without any pressure. As the same has been filed

supported by an affidavit, signed by the petitioner himself, the

Court, at this stage, would not doubt its authenticity. However, it

shall be open to the opposite party no. 2, if any controversy

arises with regard to the said compromise petition.

5. The petitioner apprehends arrest in connection with

Complaint Case No. 1839 of 2018 dated 20.10.2018, instituted

under Section 498A of the Indian Penal Code.

6. The petitioner, who is the husband of opposite party

no. 2, is alleged to have tortured the opposite party no. 2 for

dowry and ousted her from the matrimonial home.

7. As there is a compromise on record in which the

opposite party no. 2 has stated that she is not willing to live with

the petitioner and has no claim against him as also the report

from the Superintendent of Police, West Champaran that she and

her family members have stated that she would not go and live

with the petitioner, the Court is inclined to grant pre-arrest bail Patna High Court CR. MISC. No.25337 of 2020 dt.05-02-2021

to the petitioner.

8. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, West Champaran, Bettiah in Complaint Case No.

1839 of 2018, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973. Further, one of

the bailors shall be a close relative of the petitioner. The

petitioner shall cooperate with the Court. Failure to do so, shall

result in cancellation of his bail bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T