Md. Hasibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3129 of 2020 Arising Out of PS. Case No.-274 Year-2017 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== MD. HASIBUR RAHMAN, Son of Md Sukaru, Resident of Village - Kashibari, Pichhla, P.S. and District - Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Ara Begam, Wife of Md Hasibur Rahman, Resident of Village - Kashibari, Pichhla, P.S. and District - Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

This is a case under Section 498(A) of the Indian Penal Code. The matter was sent for mediation which could not be convened due to COVID effect.

Considering the chances of settlement of dispute between the parties, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on provisional

Patna High Court CR. MISC. No.3129 of 2020(4) dt.03-12-2020 2/2 anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. C-274 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

The petitioner and opposite party no. 2 shall appear before the learned Court below for amicable settlement of the dispute. If the petitioner would be found cooperative in the proceeding before the learned Court below, the provisional anticipatory bail of the petitioner shall be confirmed by the learned Court below itself. Accordingly, this anticipatory bail application stands disposed of.

(Birendra Kumar, J) Kundan/- U T