Md. Chaman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2802 of 2020 Arising Out of PS. Case No.-229 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== MD. CHAMAN, Son of Md. Nazim, Resident of Village - Baula Nimoul, P.S. - Azamnagar, District - Katihar.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Subera Khatoon, Wife of Md. Chaman, D/o Late Razibul, Resident of Village - Baula Nimoul, P.S. - Azamnagar, District - Katihar, At present resident of village - Shehpur, P.S. - Azamnagar, District - Katihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Ziaul Quamar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2021 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 offences punishable under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code, Sections 3 and 4 of the Dowry Prohibition Act.
This is a case under Section 498A of the Indian Penal Code. The matter was sent for mediation before the Patna High Court Mediation Centre.
Submission is that due to COVID mediation is not going on.
In the aforesaid circumstance, 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
Patna High Court CR. MISC. No.2802 of 2020(5) dt.02-02-2021 2/2 of the order, be released on provisional 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 Azam Nagar Police Station Case No. 229 of 2019, 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.
(d) The party shall appear before the learned court below where appropriate step for settlement of dispute shall be taken up. If the petitioner would be cooperative in the mediation, the provisional anticipatory bail shall be confirmed by the learned court below itself.
(Birendra Kumar, J) Kundan/- U T