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2025 DAILYLAW 94366 (PAT)

Mainuddin Ansari v. The State of Bihar

CR. MISC./13915/2025 · 2025-09-23

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13915 of 2025 Arising Out of PS. Case No.-404 Year-2002 Thana- SIWAN COMPLAINT CASE District- Siwan ====================================================== 1. Mainuddin Ansari Son of Mohd Sarik Ansari @ Shamim Ansari Village -Khap Bankat, Tiwari Tola, P.S. -Nautan, District -Siwan At Present Resident of At House no. 1076, Block -C, Som Nagar, near 20 Feet Road, Hamja Masjid, Ps- NIT, Dist- Faridabad Haryana 2. Nurjahan @ Noor Jahan Khatoon Wife of Mainuddin Ansari Village -Khap Bankat, Tiwari Tola, P.S. -Nautan, District -Siwan At Present Resident of At House no. 1076, Block -C, Som Nagar, near 20 Feet Road, Hamja Masjid, Ps- NIT, Dist- Faridabad Haryana ... ... Petitioner/s Versus 1. The State of Bihar 2. Noor Shabba Daughter of Samsuddin Ansari village- Aakopur, Ps- Siwan Muffasil, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Javed Aslam, Advocate Ms. Devika Rani, Advocate For the State : Mr. Sanjay Kumar Sharma, APP For the O.P. No. 2 : Mr. Ajay Kr. Pandey, Advocate Ms. Shyama Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 23-09-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in Complaint Case No. 404 of 2002, Trial No. 918 of 2024 registered under Sections 323, 498(A) of the Indian Penal Code. 3. According to allegation, the accused persons inflicted tortures and atrocities on the complainant for non-fulfillment of the demand of dowry. Patna High Court CR. MISC. No.13915 of 2025(4) dt.23-09-2025 2/3 4. Learned counsel for the petitioners has submitted that petitioner no. 1 is cousin brother-in-law of the complainant and petitioner no. 2 is the cousin sister-in-law (gotni) of the complainant. It is further submitted that they are living in Haryana and they have no concern with the day-to-day affairs of the couple. The petitioners are falsely been implicated in the present case merely because they are close relatives of husband of the complainant. The learned counsel has further relied upon the decision of Asha Dubey vs. State of Madhya Pradesh passed in Cr. Appeal No. 4564 of 2024 / SLP (CRL.) No. 13123 of 2024. 5. On the other hand, learned counsel for the complainant has opposed the prayer for bail and submitted that process under Section 82 of the Cr.P.C. has been issued against the petitioners and as such, the petitioners are not entitled for anticipatory bail. 6. Considering the aforesaid facts and circumstances as well as considering the judgment of Hon’ble Supreme Court passed in Asha Dubey vs. State of Madhya Pradesh passed in Cr. Appeal No. 4564 of 2024 / SLP (CRL.) No. 13123 of 2024, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks Patna High Court CR. MISC. No.13915 of 2025(4) dt.23-09-2025 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Siwan in connection with Complaint Case No. 404 of 2002, Trial No. 918 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ 482(2) of the BNSS, 2023. priyanka/- (Nawneet Kumar Pandey, J) U T