Md. Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14656 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- SAHAR District- Bhojpur ====================================================== 1.
MD. ALI Son of Late Lyyakat Ali Resident of Village - Abgila, P.S.- Sahar, Dist.- Bhojpur.
2.
Sagra Khatoon W/o Md. Ali Resident of Village - Abgila, P.S.- Sahar, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Heard learned counsel for the parties.
Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
This is a case under Section 498(A) of the Indian Penal Code. Husband of Ruksana Parveen has already filed Cr. Misc. No. 23985 of 2020 wherein stay of his arrest has been ordered for four weeks and the matter was sent back to the learned court below for mediation.
Learned counsel for the petitioners submits that report
Patna High Court CR. MISC. No.14656 of 2021(2) dt.23-11-2021 2/3 has already been submitted by the Mediator in that case. The petitioners are old parents of the husband of Ruksana Parveen. Petitioners also bear general and omnibus allegation of demand of dowry and torture for the same.
Learned counsel for the informant vehemently opposed the prayer for anticipatory bail.
Considering the future chances of settlement of dispute, let the petitioners, above named, in the event of their 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 anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sahar Police Station Case No. 03 of 2020, Gr. No. 36 of 2020, 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 petitioners 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 petitioners.
Patna High Court CR. MISC. No.14656 of 2021(2) dt.23-11-2021 3/3 (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The petitioners shall not leave the country without permission of the learned trial court.
(Birendra Kumar, J) Kundan/- U T