IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19749 of 2010 MD.WASIM AKRAM ANSARI @ MD.WASIM ANSARI Versus STATE OF BIHAR ----------- 02/ 16.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Azam Nagar P.S. Case No. 18 of 2009 for offences punishable under Sections 323, 379 and 498(A) of the Indian Penal Code. The petitioner is the husband. Learned counsel for the petitioner, with reference to an informatory petition placed at Annexure-2 of the application, submits that the said informatory petition was filed before the Chief Judicial Magistrate, Katihar on 12.8.2008 and wherein it was mentioned that the informant and his family had committed a fraud in the matter of marriage between the petitioner and the daughter of the informant. Learned counsel, with reference to paragraph-5 and 6 of the said petition, submits that the girl who was married to the petitioner was handicapped and different to the girl who was shown during the course of negotiation. Learned counsel thus submits that the case instituted is by way of retaliation to the informatory petition filed by the father of the petitioner. Learned counsel further submits that an application for dissolution of marriage has already been filed under Section 2(7) of the Dissolution of Muslim Marriage Act, 1939 and is pending in the Court of Principal Judge/Family Court, Katihar. - 2 - Having regard to the submissions aforesaid, let the petitioner Md. Wasim Akram Ansari @ Md. Wasim Ansari be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Azam Nagar P.S. Case No. 18 of 2009 subject to the condition that the petitioner would be attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court concerned would entitle the court concerned to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)