Firoz Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6292 of 2020 Arising Out of PS. Case No.-826 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== FIROZ AKHTAR Son of Md. Taiyab Resident of House No.3, Road No.11A Zakir Nagar East, P.S.-Azad Nagar, District-Jamshedpur(Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Farhat Jabin D/o Md. Jamaluddin @ Salauddin and Wife of Firoz Akhtar Resident of Flat No.305 Royal Residency Road No.1 Indrapuri Samanpur, P.S.-Shastrinagar, District-Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Bharat Lal, Advocate For the State :

Mr.Pancha Nand Pandit, APP For opposite party No.2 :

Mr.Samrendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 On behalf of the petitioner, it has been submitted that the present application has been pending since 28.01.2020 i.e. for more than one and half years. Let this application be disposed of on merit.

The petitioner was granted provisional anticipatory bail by a Co-ordinate Bench of this Court by order dated 04.03.2020 and he was directed to furnish bail bond within a period of four weeks from the date of that order. I.A. No.01 of 2021 I.A. No.01 of 2021 has been filed in the present case seeking extension of four weeks period for the reasons that after

Patna High Court CR. MISC. No.6292 of 2020(3) dt.30-11-2021 2/3 the above referred order was passed, lockdown was declared due to Covid-19 pandemic and the petitioner was not in a position to furnish bail bond in pursuance of the order dated 04.03.2020.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, is directed to furnish bail bonds of

Patna High Court CR. MISC. No.6292 of 2020(3) dt.30-11-2021 3/3 Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in connection with Complaint case No.826C/2018, within a period of twelve weeks from today to avail the benefit of provisional anticipatory bail. Further, the provisional bail granted to the petitioner by order dated 04.03.2020 is, hereby, confirmed and I.A. No.01 of 2021 is disposed of.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T