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Patna High CourtCR. MISC./3407/2020disposed

Md. Sartaz Alam @ Sartaz Alam v. The State Of Bihar

2021-01-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3407 of 2020 Arising Out of PS. Case No.-874 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== MD. SARTAZ ALAM @ SARTAZ ALAM Son of Najamuddin Resident of Village - Balua, P.S.- Jokihat (Mahalgaon), District- Araria ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bibi Najhat D/O - Late Basikurrahman, W/O - Md. Sartaz Alam @ Sartaz Alam Resident of Village - Balua, P.S.- Jokihat (Mahalgaon), DistrictAraria, at present Resident of Village - Sherlanga, P.S.- Jokihat, DistrictAraria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2021 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 498(A),379,323,34 of the Indian Penal Code and 3/4 of D.P.Act but cognizance has been taken under Section 498(A) I.P.C. and Section 4 of D.P.Act.

Since the parties are ready for restoration of their matrimonial life and the allegation is under Section 498(A) I.P.C., let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on

Patna High Court CR. MISC. No.3407 of 2020(6) dt.05-01-2021 2/2 furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No.874c/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Petitioner and opposite party No.2 who is represented by learned counsel shall appear before the learned court below on the date fixed and the learned court below shall ensure restoration of conjugal life. If the petitioner would not be found cooperative thereat, that would be a ground for cancellation of anticipatory bail by the learned court below itself.

Let the parties appear before the learned court below on 28.01.2020.

(Birendra Kumar, J) Nitesh/- U T