Istiyaque Khan @ Md. Isteyak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4895 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- MAHILA PS District- Jamui ====================================================== Istiyaque Khan @ Md. Isteyak Son of Islam Khan Resident of Village - Banpur Dhuniya Muhalla, P.S.- Khaira, District - Jamui. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Prakash For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2020 Counter affidavit is filed on behalf of the informant. Let it be kept on record.
Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Jamui Mahila P.S. Case No. 36 of 2019 registered for the offences punishable under Sections 498-A, 494, 506, 379/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Admittedly, petitioner is husband of the informant and the marriage of petitioner was solemnized with informant ten years ago. Furthermore, it is an admitted position that out of the aforesaid wedlock one son was born who is presently aged
Patna High Court CR. MISC. No.4895 of 2020(2) dt.29-02-2020 2/2 about six to seven years. Although, there are several allegations of torture as well as illegal demand against the petitioner but the written report of the informant reflects that due to second marriage of petitioner, the informant lodged the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Jamui in Jamui Mahila P.S. Case No. 36 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) shahzad/- U T