Md.Tahir @ Halchal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5615 of 2017 Arising Out of PS. Case No.-61 Year-2016 Thana- MAHILA PS District- Buxar ====================================================== MD.TAHIR @ HALCHAL S/o Late Md. Usman Resident of VillageKoerpurwan, P.S.- Buxar (M), District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shahzadi Khatoon, W/o Tahir @ Halchal D/o Md. Nejamuddin Resident of Village- Chaman Singh Bagh Road, Ward No. 24, P.S. Octenganj, DistrictBallia (Utter Pradesh). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. YOGENDRA KR. SINGH(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Mahila (Buxar) Police Station Case No. 61 of 2016, disclosing offence under Sections 341/323/498A/504/406/34 of the Indian Penal Code.

The petitioner is the husband of the informant. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity.

There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the

course of investigation or trial.

It is submitted that the petitioner shall present himself before the Police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Tahir @ Halchal, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Mahila (Buxar) Police Station Case No. 61 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled. Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √ T √